What are the legal options available to victims of medical device injury?

In California, victims of medical device injury have legal options available to them. Depending on the nature of the injury and the circumstances of the case, a victim may have a few different legal options they can pursue. One option is to file a civil lawsuit. In a civil lawsuit, the victim of medical device injury can sue the manufacturer or seller of the device for monetary damages. These damages may include money for medical bills, lost wages, pain and suffering, and other costs associated with the injury. The victim must prove that the device was defective and that it caused the injury. Another option is to file a complaint with the California Department of Public Health. This can be done when a medical device was misused or malfunctioned and resulted in an injury. The Department will investigate the device and the incident to see if it was used correctly or if it indeed malfunctioned and caused the injury. Finally, victims of medical device injury can submit a voluntary report to the Food and Drug Administration (FDA). This report is used to inform the FDA of any potential problems with medical devices. The FDA can then take action to alert consumers and healthcare providers of the device’s risks, recall the device, or take other necessary steps. Overall, victims of medical device injury have several legal options available to them in California. They can file a civil lawsuit, submit a complaint to the Department of Public Health, and/or file a voluntary report with the FDA. Depending on the circumstances of the case, any of these options may be viable solutions in seeking justice.

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