When a product is defective, the effect on the consumer can range from mild annoyance to severe injuries - or even a wrongful death. For example, the purchaser of an ink pen that breaks the first time that it is used is not likely to suffer physical harm, but a patient who has a catheter fracture inside his or her body could be at risk of serious bodily injuries. Unfortunately, medical devices like catheters that are inserted into narrow openings in the body have been known to fail. These include urinary catheters as well as catheters used for injecting dye in angiogram procedures or for the removal of blood clots during thrombectomies. Some catheters have even been recalled. If you or a loved one has been hurt because of a catheter fracture or failure, the Traverse City and Grand Rapids catheter injury lawyers at Neumann Law Group can help you explore your legal options. We are committed to representing Michigan residents who have been hurt by defective medical products, such as catheters, IVC filters, knee replacements, and breast implants, and we welcome the opportunity to talk to you about your case.
Manufacturers, wholesalers, and sellers of a dangerous or defective product can be held liable in court for injuries suffered by a patient or consumer. Of course, liability is not automatic. The plaintiff must file a timely claim and must be able to prove his or her case by a preponderance of the evidence.Filing a Claim for Injuries Caused by a Catheter Fracture
Obviously, a catheter should not break while it is inside a patient's body. However, this does happen. The question that must be answered in determining whether the defendant in a medical device injury case should be liable is why the catheter broke. Was there a design defect? Or was there a manufacturing defect? Were doctors properly instructed in how to use the device? Only if a catheter injury attorney in Grand Rapids or Traverse City can convince the jury by a preponderance of the evidence that the defendant acted negligently or that it should be held strictly liable can the plaintiff receive compensation for his or her injuries.
Since no two cases are alike, the damages award or settlement in one case can depart significantly from the award or settlement in another case. Factors to be taken into consideration in assessing the damages due to the plaintiff include the nature and extent of his or her injuries, the amount of medical expenses incurred due to the injuries and the likelihood that future medical care will be necessary, the lost earnings and loss of earning capacity of the plaintiff, and the degree of pain and suffering endured by the plaintiff because of a product that was defective in its manufacturing or design. The plaintiff's spouse may have a claim for loss of consortium as well. Punitive damages are a rarity in product liability cases, since these are reserved for cases involving especially egregious conduct by a defendant.Consult an Experienced Catheter Injury Lawyer in Grand Rapids or Traverse City
If you have been injured by a catheter that fractured, you should talk to a lawyer about asserting your legal right to pursue compensation. Claims that are not timely filed are almost always dismissed, so it is very important to speak to an attorney who can help you assert your rights within the time set forth by the law. At Neumann Law Group, our seasoned medical device injury attorneys help people in communities such as Traverse City, Grand Rapids, Ann Arbor, Flint, Lansing, Muskegon, Midland, Holland, Kalamazoo, Detroit, Wyoming, Saginaw, Warren, Petoskey, and areas throughout the Upper Peninsula. We are here to help you seek justice following a serious injury or a loved one's wrongful death. For an appointment, call us at 800-525-6386 or complete our online form. There is no charge for the call or the consultation, and legal fees are not due until our Traverse City and Grand Rapids catheter injury attorneys recover a settlement or judgment on your behalf.