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

In Tennessee, potential defenses in a medical device injury case can vary depending on the specific facts of each case. In general, one of the most common defense strategies is that of “lack of causation”, which means that the plaintiff cannot prove that the medical device was the cause of their injury. The plaintiff must be able to prove that the product was defective, and that it caused their injury, in order to be successful in their case. Another common defense is that of “comparative fault”. In this defense, the defendant will try to argue that the plaintiff is partly responsible for their injury, and that part of the responsibility should be placed on them. The defendant must be able to show that the plaintiff was negligent in some way, whether it was by using the medical device improperly or failing to take basic safety precautions. Additionally, a defendant may argue that the medical device was not defective but was instead used correctly and not at fault for the injury that occurred. This defense is known as “product misuse” and requires the defendant to prove that the plaintiff used the product in an unexpected or unreasonable way. Lastly, the defendant may argue a “statute of limitations” defense, which requires them to prove that the plaintiff waited too long to file their complaint and that the statute of limitations has expired.

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

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