What legal strategies might be used in a medical device injury case?
When it comes to pursuing a medical device injury case in Pennsylvania, there are several legal strategies that may be used. First, the plaintiff must demonstrate that the device was defective. This can be done by presenting evidence that the device malfunctioned in some way or that it did not adequately perform its intended purpose. Evidence may include statements from medical professionals, expert witnesses, and product recalls. It is also important to establish that the device was not properly maintained or used, as this could be a factor in the malfunction. Second, the plaintiff must demonstrate that the defect caused an injury or damages to the plaintiff. This can be done by showing that the plaintiff was using the device correctly and still suffered an injury due to the defect. Medical records and testimony from medical professionals can be used to show that the injury was caused by the device. Third, the plaintiff must establish that the manufacturer was responsible for the defect. This is typically done by showing that the manufacturer was aware of the defect and did not take steps to fix it or alert consumers of the danger. Evidence may include internal documents, memos, or emails that reveal the manufacturer’s knowledge of the defect. Finally, the plaintiff must demonstrate that the injury or damages were serious enough to warrant compensation from the manufacturer. This can include proving that the plaintiff has experienced financial hardship, medical bills, and pain and suffering due to the injury. It is important to be prepared to provide evidence that the injury has had a serious impact on the plaintiff’s quality of life.
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