What is the applicable law to a medical device injury case?
The applicable law for a medical device injury case in Tennessee depends on the facts of the case. If the injury was caused by a defective medical device, the injured party can file a products liability case. This type of lawsuit holds a manufacturer or seller responsible for damages caused by a product with a manufacturing or design defect, or a failure to warn. The injured party must prove that the product was unsafe and that the defect caused the injury. In addition, Tennessee law requires medical device manufacturers to provide sufficient warnings regarding any potential risk or harm associated with the use of their products. If a manufacturer fails to provide an adequate warning, and this failure results in an injury, the injured party may be able to recover damages under Tennessee’s failure-to-warn laws. Another applicable law is negligence. In a medical device injury case, negligence could occur if an injury was caused by the actions of a medical professional or nurse who was responsible for using the device properly. The medical professional or nurse may be liable for the injury if it is proven that they breached their duty of care to the patient. Finally, medical device injury claims may be affected by the statute of limitations. In Tennessee, a person has one year from the date of injury to file a lawsuit in court for a products liability or negligence case. If no lawsuit is filed within this time frame, the injured party may lose their right to bring a claim.
Related FAQs
How does the judge determine damages in a medical device injury case?What types of damages can be recovered in a medical device injury lawsuit?
What happens if I cannot afford an attorney for my medical device injury case?
What kind of compensation can I expect from a medical device injury settlement?
What is the statute of limitations for filing a medical device injury lawsuit?
What is the process for filing a medical device injury claim?
What should I expect during the medical device injury lawsuit process?
What is the role of the insurance company in a medical device injury case?
How do I find an experienced medical device injury lawyer?
How do I calculate damages 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