Medical Technology and Product Liability Law

 Posted on August 03, 2013 in Defective Medical Devices

With the boom in medical technology, product liability law has become an important tool in ensuring that progress does not come at the price of innocent lives. Product liability cases are difficult to prove, however.

A case premised on product liability requires the plaintiff to show that:

1. they suffered physical, emotional or financial injury (often, it is all three);
2. the product was defective in its manufacturing, design or warnings;
3. the defect caused the injury; and
4. the product was being used as intended at the time.

Of these four elements, proving that the product was defective requires an experienced product liability attorney who is familiar with complex medical devices. Take the daVinci robot, for example; a mechanized surgical device that allows doctors to perform surgical procedures form thousands of miles away.

As more doctors use this robot, there are a growing number of cases involving unintended complications during surgery. Even though the device's pinpoint accuracy is impressive, it may come with a hefty price, including sliced blood vessels, patients being hit in the face, and even some deaths.

To make matters worse, there is strong suspicion that many incidents go unreported, which means that patients who suffer surgery complication never get a chance to hold those at fault accountable. Indeed, oftentimes, it is not until an attorney starts fighting that the truth comes out. The true value of product liability attorneys lies in their ability to analyze relevant facts and to recognize potential defects in the product's design, manufacturing or marketing. Product liability attorneys can see through the smokescreen large medical company create to protect themselves, and can use every legal tool available to discover the truth. Many are surprised at what the attorneys find.

If you have suffered an injury related to a medical device like the daVinci robot, have an experienced Illinois product liability attorney evaluate your case.