Florida Claims Against Defective Medical Device Manufacturer
If an individual suffers injuries because of a defective product, the law allows that individual or their family to bring forth product liability claims against the negligent designer, manufacturer or distributor of the item. Defective product lawsuits involving medical devices tend to be some of the most complex Florida injury lawsuits. These cases often involve the convoluted interplay between medical malpractice and defective medical device claims. Both of these claims can stem from various situations; however, they tend to occur after improper anesthesia administration, injuries occurring at a hospital, and misdiagnosis or delayed diagnosis. These and other forms of negligence can have life-long debilitating or fatal consequences for a patient and their families.
Effective healthcare relies on sophisticated medical devices that can help medical providers treat patients swiftly and safely. Medical devices can aid medical professionals in diagnosing illnesses, monitoring conditions, treating injuries, and heal diseases. While these cutting-edge tools provide an invaluable asset to both doctors and patients, they are not fool-proof and may cause serious injuries.
Injury victims and their families who wish to recover for injuries resulting from a defective medical device must present compelling factually and legally sound cases to the court. These cases often rely on expert witness testimony. Under Florida’s Daubert standard, a trial judge may qualify an expert as such if they meet specific requirements. The standard allows a qualified expert to testify if they possess the specialized skills, training, or education to assist a fact-finder in understanding a specific fact at issue. The expert’s testimony must be based on requisite facts or data, it must be the product of reliable principles and methods, and the expert must have applied the methods and principles to the facts of the case.
The admissibility of an expert’s testimony plays a significant role in the outcome of a case. For instance, the U.S. appeals court recently issued an opinion in a defective medical device lawsuit. The case arose when the claimant began experiencing severe abdominal pain after undergoing a robotically assisted laparoscopic hysterectomy. Further testing revealed that she suffered burning from electrified scissors used during the procedure.
In her claim for damages, the woman retained an OBGYN as an expert to testify to the standard of care for hysterectomies and the cause of her pain. At trial, the defendant successfully moved to dismiss the expert’s testimony. The court agreed with the defendant’s claim that the expert was not qualified to testify to the plaintiff’s injuries. Specifically, the defendant argued that the expert could not qualify as such because he did not use the company’s electrified scissors. On appeal, the court ruled that the lower court erroneously used the incorrect standard when determining the expert’s reliability and qualifications. The appeals court reversed the lower court’s ruling and remanded the case to be heard in front of a different judge.
Have You Suffered Injuries Because of a Defective Medical Device?
If you or someone you love has suffered injuries because of a defective medical device or medical negligence, contact the Grife Law Firm. The attorneys at our law firm have extensive experience handling complex Florida injury cases stemming from various situations. We handle accident cases involving Florida motor vehicle accidents, defective products, premises liability, nursing home abuse and negligence, and medical malpractice. Our experienced attorneys have recovered significant amounts of compensation for injury victims. Contact our office at 855-998-0770 to schedule a free initial consultation with an attorney on our legal team.