phillips, hunt, walker & hanna Medical Product Defect Lawyer in Jacksonville
A medical product defect is a fault in a medical device that makes it dangerous or harmful to a patient. Defects can be caused by design or manufacturing errors. Examples of defects include:
- Using the wrong materials during manufacturing
- Erroneous assembly of the product
- Harmful chemicals in the product
top rated Attorney Florida’s Law on Medical Product Defect
Florida has laws and regulations that address medical product defects and provide legal recourse for individuals who suffer harm due to defective medical products. These laws are designed to protect patients and consumers and hold manufacturers, distributors, and healthcare professionals accountable for any defects or issues related to medical products. Here are key aspects of Florida’s law on medical product defects:
1. Product Liability Laws: Florida, like many states, has product liability laws that govern claims related to defective medical products. Product liability laws typically allow individuals to seek compensation if they are injured or harmed by a medical product that is defective or unsafe.
2. Types of Medical Products: Medical products can encompass a wide range of items, including pharmaceutical drugs, medical devices, implants, surgical instruments, and healthcare equipment. Defects or issues with any of these products may give rise to a legal claim.
3. Legal Standards for Claims: To establish a successful claim based on medical product defects in Florida, the injured party generally needs to prove the following elements:
- The existence of a defect or issue in the medical product.
- That the defect or issue caused harm or injury to the patient or user.
- That the defect or issue existed at the time the product left the manufacturer’s control.
- That the product was used as intended or in a foreseeable manner.
4. Parties Liable: Liability for medical product defects can extend to various parties involved in the product’s manufacturing, distribution, or administration. Potential liable parties may include:
- Manufacturers: Companies that design, produce, or assemble medical products can be held responsible if a defect occurs during manufacturing, design, or labeling.
- Distributors and Sellers: Entities involved in the distribution and sale of medical products may share liability if they were aware of defects or failed to take appropriate measures to ensure product safety.
- Healthcare Professionals: In some cases, healthcare professionals may be held liable if they used or administered a medical product inappropriately, or if they failed to inform patients of known risks associated with the product.
5. Types of Defects: Medical product defects can take several forms, including design defects, manufacturing defects, and failure to warn of known risks or side effects. Each type of defect may result in different legal claims.
6. Statute of Limitations: Florida has a statute of limitations that sets a time limit within which a medical product defect lawsuit must be filed. The specific timeframe may vary depending on the circumstances and the type of claim but generally ranges from 2 -4 years from the date of injury or discovery of the defect.
7. Legal Representation: Pursuing a lawsuit based on medical product defects in Florida can be complex. It is advisable for individuals who believe they have been harmed by a defective medical product to consult with an experienced product liability attorney. Attorneys can assess the merits of the case, gather evidence, navigate legal procedures, and advocate on behalf of the injured party to seek compensation for their injuries, medical expenses, pain and suffering, and other damages.
Florida’s law on medical product defects provides legal avenues for individuals who suffer harm due to defective medical products to seek compensation. These laws aim to protect patients and consumers and hold responsible parties accountable for defects or safety issues related to medical products. Consulting with a qualified attorney is important when pursuing a medical product defect claim in Florida to ensure that one’s rights and interests are adequately represented.
phillips & hunt Results
$495+ Million Verdict
Phillips obtained one of the largest verdicts in American history of over $495+ Million dollars in the shooting death of Kalil McCoy. Her killer was also convicted in the criminal courts.Details
Jordan Davis: Wrongful Death
Represented the family of Jordan Davis and assisted with criminal prosecution of Jordan's killer, handled media relations of internationally reported case and obtained confidential maximum available civil settlement.Details
Confidential settlement of over 120 cases against a pediatric dentist who was also prosecuted. We also assisted with shutting his dental practice down. He no longer practices dentistry and was arrested.Details
We received a record $2.6 Million Jury Verdict against Volusia County. It was one of the highest ever against Volusia County. Our trial was televised on Good Morning America and reported nationally.Details
RSD / CRPS Verdict
Obtained jury verdict in Jacksonville, Florida of over $900,000 and added attorneys fees of over $250,000 on a case State Farm only offered approximately $30,000 for years.Details
$1.1 Million Verdict Against Coca-Cola
We obtained an over $1 million jury verdict against Coca-Cola in moderate impact soft tissue damages case in Gainesville, Florida. Coca-Cola failed to even offer medical bills before trial.Details
Brain Injury Medical Malpractice
Phillips obtained a confidential settlement against a chiropractor who provided prescription pain medication to a boxer in advance of an Olympic qualifying fight. She sustained a brain injury due to secondary impact syndrome.Details
$1 Million Settlement
Client's child was tragically run over and killed by a motor vehicle in her driveway. Phillips and his team settled the case for over $1 Million without the need of filing a lawsuit.Details
Over $1 Million Settlement
Cliente recibió más de $ 1 millón en accidente automovilístico. También ayudamos a clientes que hablan español. We handle cases in English, Spanish and Creole.Details
We invite you to review our verdicts, our accolades and awards and what clients have to say about us and give us a call for a free consultation where our lawyers will sit down with you personally. John represents clients in Florida, Georgia and Alabama with passion and compassion. He can be emailed at firstname.lastname@example.org or call us at (904) 444-4444.
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