What are the key elements of a medical device injury claim?

In Illinois, if a person is injured as a result of a medical device, they can bring a medical device injury claim to seek damages. There are several key elements that must be met in order for a claim to be successful. First, the plaintiff must show that they suffered physical or mental injury due to a medical device. This includes illnesses, near-fatal events, or even death, all of which can prompt a medical device injury claim. Second, the plaintiff must show that the medical device was the cause of their injury. This means that the device failed to work as it should have, or was faulty in some way. Third, the plaintiff must show that the medical device manufacturer had a duty to make sure their device was not defective or dangerous. This includes proving that the manufacturer was aware of any potential risks associated with the device. Fourth, the plaintiff must show that the defendant’s failure to warn or protect the plaintiff from the medical device’s risks caused their injury. Finally, the plaintiff must show that the injury caused them damages, such as emotional distress, medical bills, or lost wages. This element is crucial to recovering compensation for pain and suffering. These are the key elements a plaintiff must prove in order to successfully bring a medical device injury claim in Illinois. This includes proving that the manufacturer had a duty to protect the plaintiff, that the defendant failed to meet that duty, and that the injury caused damages.

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What are the key elements of a medical device injury claim?

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