How does a lawyer investigate a medical device injury?
When a patient is injured due to a malfunctioning medical device, a lawyer may investigate the incident to determine if the injury is the result of product liability. A lawyer will first analyze the patient’s medical records to identify the medical device and determine whether the device was properly used and maintained. This will help the lawyer evaluate any design, manufacturing, or labeling defects that may have caused the injury. Next, the lawyer will investigate the medical device manufacturer. The lawyer will attempt to obtain documents regarding the design, manufacturing, and packaging of the device to determine if there were any violations of applicable safety regulations. The lawyer will also investigate the history of the product and determine if the manufacturer has been associated with previous product liability cases. The lawyer will then create a timeline of events and any warnings associated with the device to make an assessment of the device’s potential to cause injury. Finally, the lawyer may consult with medical and engineering experts to assess the level of injury, negligence, and product liability. With this information, a lawyer can then decide whether to pursue legal action on behalf of the patient.
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