Defective Medical Device Attorney
in South Carolina

DEFECTIVE MEDICAL DEVICE ATTORNEY FIGHTS FOR SOUTH CAROLINIANS

Skilled South Carolina Products Attorney Protects Your Rights to Fair Payment

Defective medical device attorney services are critical when a medical tool or product hurts you instead of helping. These devices are meant to improve lives, but sometimes they fail. If you or a loved one was injured by a faulty medical device, you may be able to file a legal claim and get the help you need. The Law Offices of David L. Hood and our co-counsel legal team have over 30 years of know-how filing claims against the firms that make these devices. Let us get you what you deserve for your injuries and all your other losses!

Table of Contents

What is a medical device?

Medical devices help save lives. They allow doctors to better understand what’s happening inside the body. They also help people live more comfortable and independent lives. For example, insulin pumps help people with diabetes manage their condition every day.

The Food and Drug Administration (FDA) defines a medical device as, “…an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, which is…intended for use in the diagnosis…, cure, mitigation, treatment, or prevention of disease…” A medical device achieves its primary purpose through physical action within or on the body, as opposed to chemical action (like drugs). 

Common medical devices

There are many types of medical devices. Some are used at home, while others are only used in hospitals or clinics. Here are a few examples:

• Wheelchairs – help people move around.
• Surgical tools – used by surgeons during operations.
• Blood pressure monitors – check blood pressure levels.
• Implants – like artificial hips or breast implants that go inside the body.
• Pacemakers – small machines placed in the chest to help control heartbeat.

Dangerous medical devices

When medical devices are defective, they can cause illness, pain, injury, and even death to the patient.

Medical device safety standards

Most medical devices are tested and approved by the government before they are used. In the United States, the FDA’s Center for Devices and Radiological Health (CDRH) regulates companies who manufacture, repackage, relabel, and/or import medical devices.

But sometimes, medical devices (even if they have been approved by the FDA) can be defective or fail to work properly. This can cause serious harm to patients.

If a medical device causes injury or does not work as promised, the patient may have a legal case. A defective medical device attorney can help protect the patient’s rights and seek fair compensation. Let The Law Offices of David L. Hood go to work for you today!

What is a defective medical device?

A defective medical device is any tool or product used to treat or diagnose a health condition that doesn’t work properly and causes harm.

Common defective medical devices that have been recalled and have been the subject of defective medical device claims include:

• Hip or knee replacements
• Pacemakers
• Stents
• Defibrillators
• Surgical mesh
• Breast implants
• Insulin pumps
• IUDs or birth control devices

Some of these devices break, wear down too soon, or were not tested enough before being sold. When this happens, people can suffer serious health problems.

Defective medical device attorney David Hood and his co-counsel legal team have what it takes to handle the complex task of taking on the huge product companies. Contact us at any of our statewide locations today. We’re here to help!

Common injuries from faulty medical devices

When a medical device is defective, it can lead to serious harm. Common injuries include:

• Infections
• Internal bleeding
• Organ damage
• Chronic pain
• Device failure requiring more surgery

In the worst cases, defective medical devices can lead to death. A South Carolina defective medical device attorney can help you understand if your injury may qualify for a lawsuit. Contact The Law Offices of David L. Hood today for your free initial consultation.

What to do if you are hurt by a defective medical device

If you or a loved one is injured by a medical device, here are some steps to take:

• Get medical help right away.
• Keep the device, packaging, and instructions if possible.
• Check with your doctor and the FDA to find out if there is a recall. You can find recalled medical devices on the FDA website.
• Write down what happened and when.
• Contact a lawyer who handles medical device cases.

Remember, there are deadlines for filing a claim, so contact your defective medical device attorney David Hood and his co-counsel legal team as soon as possible!

South Carolina – a strict product liability state

South Carolina follows a rule called strict product liability. This allows you to receive damages without showing proof of negligence on the part of the defendant. If you are hurt by a defective medical device, you may be able to hold anyone involved in making or selling the device responsible—even if that person or company didn’t know about the problem or knowingly do anything wrong. This theory usually holds up, unless you may have modified the product in some way.

Claims are based on the premise that the defendant owed a duty of care to those who were going to use their product. In the case of defective medical devices-mainly those that get put into your body-the company’s fault could fall under some of these categories:

• Faulty research and design
• Not enough product testing
• Poor production practices
• Not issuing a warning when the dangers first came to light
• Failure to recall a product

As soon as a medical device has been found to cause problems or show defects, the company is required to notify the FDA. Failure to do so may be considered an act of negligence. This may make the manufacture liable for any illness, injury or death that occurs. In addition to strict liability and negligence, there is sometimes also an action for breach of warranty.

However, if a medical device is defective and causes harm, you may have the right to take legal action, whether there is a recall by the FDA or not. A recall is helpful, because it can help show that the device is unsafe, but it is not required to prove your case. A defective medical device attorney can help you gather evidence, show how the device caused your injury, and fight for the compensation you deserve. Call us today to see how we can help!

Who can be held responsible?

Several parties could be responsible for a defective medical device:

• Manufacturer: The company that designed and made the device is often the first one held responsible. If there was a mistake in how the device was built, tested, or labeled, the manufacturer may be at fault.
• Testing lab: The testing lab may not have performed the proper kind of testing, or did not do enough testing.
• Distributor or wholesaler: Before a medical device gets to hospitals or clinics, it may pass through distributors or wholesalers. If they knew (or should have known) about the defect and still sold the device, they may share in the blame.
• Sales and/or advertising company: The company that pushed the product without warning of risks can be held responsible.
• Hospital or clinic: In some cases, a hospital or medical facility could be responsible. For example, if the hospital used a recalled device or failed to properly warn a patient about known risks, they may be held accountable.
• Doctor or surgeon: If a doctor used the device in the wrong way or ignored signs that it wasn’t safe, they may also be part of the legal claim. However, this would be a separate issue from product liability and may involve medical malpractice.

Frequently Asked Questions:

An experienced defective product lawyer in South Carolina should investigate your case and identify who is at fault.

How a South Carolina defective medical device attorney can help

Working with a defective medical device attorney gives you the support and legal experience needed to take on big medical companies.

If you have been injured by a medical device, it is vital that you take action right away because there are deadlines for filing a claim. The research will take time, so it is urgent that your lawyer starts collecting evidence and talking to your doctor and other parties concerned right away.

There are different approaches our firm can take because your case and facts are unique to you. Our goal is to get the maximum for you and your family for all your injuries and losses.

Your attorney should:

• Collect your medical records
• Work with experts to prove the device was unsafe
• Handle paperwork and legal deadlines
• Negotiate for a fair settlement
• Take the case to trial if needed

You don’t have to face this battle alone. We and our co-counsel legal team know the law and will fight to protect your rights. Call us today!

What compensation can you receive?

Your defective medical device claim could include money for the losses you suffered including:

• Medical bills (past and future)
• Pain and suffering
• Lost wages (past and future)
• Disability
• Wrongful death (for surviving family members)

The exact amount depends on your injuries and how they’ve affected your life.

Attorney Hood and co-counsel have access to a variety of experts who work with us in getting fair payment for your injuries.

The Law Offices of David L. Hood Offers Statewide Representation

No matter where you live in South Carolina we have a location near you! Because we have 18 locations across South Carolina to serve you, you’re usually not more than 15-20 minute drive away. Call the location near you today for a free initial consultation!

Contact your reputable defective medical device attorney in South Carolina

If you’ve been hurt by a faulty medical device, you deserve answers. The Law Offices of David L. Hood can help you take legal action and fight for fair compensation. Don’t wait—contact us today for a free consultation. We’re here to help you every step of the way. We can be reached by phone, email, text or chat.

If your injuries prevent you from coming to our office, we can come to you.