How long do victims of medical device injury have to bring a lawsuit?
In Pennsylvania, victims of medical device injuries have two years from the date of the injury to bring a lawsuit. This is known as the statute of limitations and applies in cases of negligence, strict liability, and breach of warranty. It is important to note that the clock begins ticking as soon as the injury is discovered, so victims should act quickly to protect their rights. Medical device injury cases are often complex and require experienced legal representation. It is important to hire an experienced attorney who can quickly investigate the facts and develop a legal strategy for pursuing a successful claim. It is also important to note that there may be other parties who could also be held liable for the injuries, so victims should not be afraid to seek legal help and pursue their rights. Another important factor to consider is that some types of medical device injuries may have occurred many years prior to the discovery of the injury. In such cases, a "discovery rule" may apply, which allows victims to bring a claim even if the two-year statute of limitations has already passed. This rule applies to cases where the victim was unaware of the injury until recently and a reasonable person would not have discovered the injury sooner. Each case of medical device injury is unique, so it is important to consult with an experienced attorney to discuss the specifics and determine the best course of action. Victims who take action quickly are more likely to have a successful outcome than those who wait too long.
Related FAQs
What is the burden of proof in a medical device injury case?How does the court determine the amount of damages in a medical device injury case?
What is the applicable standard of care in medical device injury cases?
What legal precedents are relevant to a medical device injury case?
What is the role of the FDA in medical device injury cases?
What are the potential defenses in a medical device injury case?
What is the process for establishing causation in a medical device injury case?
How long does a medical device injury lawsuit take to resolve?
What is the applicable law to a medical device injury case?
What is the discovery process in a medical device injury case?
Related Blog Posts
Understanding Your Rights When You Are Harmed by a Medical Device - July 31, 2023Common Types of Medical Device Injury Lawsuits - August 7, 2023
Recommendations for Finding a Qualified Medical Device Injury Lawyer - August 14, 2023
The Role of the FDA in Medical Device Injury Law - August 21, 2023
Defining Negligence in Medical Device Injury Claims - August 28, 2023