What does the court consider when determining damages in a medical device injury case?
When determining damages in a medical device injury case in South Dakota, the court will consider several factors. Medical device injury cases typically involve complex medical issues and the court will look at the individual’s medical history to determine the impact of the injury. The court may also consider the amount of pain and suffering the individual has endured as a result of the injury, the current and future medical expenses, any lost wages and the extent of any permanent disabilities. The court will also take into account the nature of the injury itself. If the device failed due to a defect, the court may award damages to compensate the individual for the device’s defect. The court may also consider if the injury was caused by negligence. If the manufacturer or another party was responsible for a defective product or insufficient warning, the court may award punitive damages to punish the responsible party and deter them from engaging in similar behavior in the future. The court may also consider the individual’s age, occupation, family situation, and future prospects when determining the final amount of damages to be awarded. As medical device injury cases involve complex legal issues, it is important to discuss the details of your case with an experienced lawyer to ensure that your rights are fully protected.
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