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

A medical device injury claim in Washington involves the injured party (also called a plaintiff) proving that a medical device caused their injury. In order to do this, the plaintiff must establish four key elements. First, the plaintiff must show that a medical device, or its components, was used during a medical procedure. This means the plaintiff must have evidence of the device’s existence, its use during a medical procedure, and the relationship between the device and the injury. Second, the plaintiff must prove that the device was defective, meaning that it did not meet either the safety standards set by the Food and Drug Administration (FDA) or the manufacturing instructions affiliated with the device. This can be proven through defective device testing, product recalls, and the testimony of expert witnesses. Third, the plaintiff must show that the defect caused their injury. This means the plaintiff must demonstrate that the injury would not have occurred without the use of the defective device. Finally, the plaintiff must prove the extent of their injury by providing medical records, photos and other evidence of the extent of their injury. This will be evaluated and compared to the medical procedure performed and the use of the medical device. Thus, medical device injury claims in Washington require the plaintiff to show the existence, defect, cause, and extent of the injury. In doing so, the injured party may be eligible to receive compensation for medical bills, lost wages, pain and suffering, and other costs associated with their injury.

Related FAQs

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

Related FAQs

Related Blog Posts