What does the court consider when determining damages in a medical device injury case?

When determining damages in a medical device injury case, the court will consider a variety of factors. First, the court will consider the severity of the injury or illness caused by the medical device, and the physical, emotional and financial costs associated with the injury. Second, the court will look at the amount of medical bills and lost wages due to the injury or illness, as well as any other costs incurred by the injured party. Third, the court will look into the potential for long-term physical and mental damages, such as the need for ongoing treatment or the loss of the victim’s quality of life. Finally, the court will consider punitive damages, if appropriate. Punitive damages can be awarded if the manufacturer or distributor of the medical device was proven to have acted with negligent or reckless disregard for the safety of their product. The court’s decision on damages will ultimately be based on the evidence presented during the trial. It is important to have a qualified medical device injury lawyer who will be able to properly present the case and make the right arguments in court in order to receive the most favorable outcome possible.

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What does the court consider when determining damages in a medical device injury case?

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