What are the potential defenses in a medical device injury case?

Potential defenses in a medical device injury case in Illinois involve various considerations of fault and negligence. For instance, it could be argued that the injury itself is the result of pre-existing medical conditions, not the device itself. It may also be argued that the device was used in an improperly manner or for an action it wasn’t designed for. Additionally, the doctor or other medical staff may be held liable if it can be proven that they failed to provide proper instructions for how to use the device. The manufacturer can also be liable, however, it must be demonstrated that the fault lies with defective design—not a lack of proper caution or incorrect usage. If a design flaw is proven, the manufacturer can be held liable for the injury caused as a result. If, on the other hand, the injury is due to inadequate warnings or instructions of use, the manufacturer may not be liable. In some cases, comparative negligence may be argued in order to mitigate liability. This means that both parties—the injured party and the liable party—share some responsibility. For example, it could be argued that the injured party is partially at fault because of lack of proper research or understanding of the device. Finally, in some instances, the statute of limitations on medical device injury cases may be used as a defense. The statute of limitations sets a timeframe in which legal recourse can be taken, and failure to act within that timeline may limit an injured parties’ right to compensation.

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What are the potential defenses in a medical device injury case?

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