What are the typical defense strategies used in medical device injury cases?
Medical device injury cases, particularly those in Kansas, can be complex and difficult. As such, those accused of resulting in harm through the use of a medical device have a variety of strategies they can use to defend themselves. One common defense is to claim that the medical device was manufactured and/or used properly and that the injury occurred due to an unavoidable factor. This argument may also be extended to include other medical personnel or entities involved in the care of the injured party. A defendant may also claim that the injury was unavoidable or that the risks associated with using the medical device were adequately disclosed prior to use. Another defense often deployed in medical device injury cases is to focus on pre-existing conditions. The defendant may argue that the plaintiff’s pre-existing condition caused or exacerbated the injury, and if so, any fault for the injury lies with the plaintiff. In some cases, the defendant may attempt to argue that the injury was caused by some other factor unrelated to the medical device itself or the care provided. This may include a prior medical procedure or the improper use of the device by the plaintiff or other medical personnel. Finally, legal defenses such as contributory negligence and assumption of risk could be used in some cases in which the plaintiff has knowledge of the risks associated with a medical device but chooses to use it anyway, and then is injured as a result. Ultimately, there are many strategies that can be used to defend against medical device injury cases, and the best defense will depend on the specific facts of the case.
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