False Claims and Defective Medical Devices
Provided by HG.org
False claims that deal with medical devices and defects could occur through no less than two types of incidents where either the patient makes a false claim with a device that is not truly defective, or the manufacturer initiates a false claim. No matter which of these situations arises, it is important to pursue legal action for compensation from the false claim.
Holding a manufacturer liable for false claims with delivered medical devices that may have defects could arise with the help of a lawyer. The company that produces these items may have a defective design where the entire line of products has some form of defective issue that could harm the users of the device. These are the most common form of product liability with defective medical devices where there is a false claim issue. Using the False Claims Act in this way, the producer of the machine, equipment or tool may owe damages to the injured party.
Who Is the Injured Party?
Most often, defective medical devices may lead to the injury of the individuals using them. However, in certain instances, the hospital or healthcare facility may initiate the claim when the reputation and publicity of the facility faces economic or noneconomic damage. The owner or management of the company or building may sue when the reputation becomes negative for using defective equipment. This may lead to a lack of patients and financial backing. The negative publicity in news may cause a more severe injury in the same manner when it is known that the facility harms more than one person through the use of a single type of device.
The False Claims Act
When using the FCA, a person may need to target a specific industry such as a manufacturer that provides the devices. The industry that creates the design or the item may have different facilities, companies or backers. However, the high propensity of the industry to cause injuries and problems to others increases the number of lawsuits that occur. In one year of these complications led to over $3 billion for collections due to damages owed by device entities. Many of these claims involve healthcare facilities, insurance carriers and hospitals. The manufacturers of the defective device may fail to remain solvent after the claim.
Sales of nonfunctional devices or defective machinery could harm an individual instead of a facility. The individual would need a lawyer in usual circumstances to pursue an FCA claim, but it is possible to seek compensation from the insurance agency attached to the manufacturer or the company that created the product. The less difficult path is often more beneficial for the victim. When it is easier to prove that a device has a defective design, the injured person may have a stronger case. However, this is generally only possible when hiring an expert to analyze the device thoroughly.
The Claim for the Injured Party
Proceeding through the false claims with a defective medical device, the injured party will need to provide the proof as the burden is upon him or her or the company. This requires a strong case with a legal representative presenting the details to the courtroom. When facing an experienced or team of lawyers, the plaintiff may need to make use of all available evidence to include the expert testimony of an expert witness. The claim may proceed to a trial depending on the circumstances. It is sometimes more beneficial to settle out of court with a negotiated offer from the defending party when the company or person wants to avoid the cost and time of a lawsuit.
Assessment, examination and analysis of the device usually become crucial in proving or providing details how the device is or is not part of the proceedings. For the plaintiff, the device important in proving that he or she suffered injury through standard use. For the defending party, the device details could demonstrate to the court that the plaintiff did not follow correct instructions. When using the FCA, the plaintiff may use the violations of the Act to present a case for defective equipment.
The Legal Support for Defective Medical Devices and Fake Claims
Whether the plaintiff needs to use the FCA, the individual or company needs to hire a lawyer to present the case. The evidence should overwhelm the judge or jury so that supporting the compensation for the injury is possible. Through legal support, the injured party may increase the possible chances of success and informing the judge or jury of the matter fully.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.