According to the Archives of Physical Medicine and Rehabilitation, there are approximately 2 million people in the United States who have suffered from an accident and lost a limb. Furthermore, there are around 190,000 amputations annually.
Many people who receive amputations choose to use a prosthetic device as a means to regain functionality. Every amputee deserves quality prosthetics that are both functional and comfortable. Unfortunately, certain prosthetic devices on the market are defective and harmful, causing an individual to suffer additional harm.
If you or a loved one was injured after receiving a prosthetic device, you are likely to have countless questions and might wish to seek the counsel of a knowledgeable attorney at Buckfire & Buckfire, P.C. for help. A Michigan defective prosthetics lawyer could help to explain your legal rights, investigate your case, and work to determine if a manufacturer can be held responsible to provide you with the compensation you deserve.
Injuries from Faulty Prosthetic Devices
A defective prosthetic device holds the potential to cause severe harm to its user, such as tissue breakdown. In extreme cases, a defect that causes an injury might require the user to undergo additional corrective surgeries.
However, even when a person’s injuries are apparent, the process to determine fault is complex and nuanced. Therefore, anyone injured by a defective prosthetic device should consider reaching out to a Michigan attorney for assistance.
The Liability of Manufacturers
Prosthetic devices fall under defective product laws. Essentially, a product could be considered legally defective due to a design flaw, manufacturing error, or lack of adequate warnings.
Defective Designs and Manufacturing
A defective design can come about in a number of ways. For example, if the wrong materials are used, this would be a clear example of an improper design. Similarly, if the device is not designed to fit correctly, the product’s designer might carry liability.
Furthermore, if the product was designed correctly, but did not adhere to these designs during the manufacturing process, this is also grounds for a claim.
Lack of Adequate Warnings
All product manufactures, including those of prosthetic devices, are required to provide users about the potential dangers of using the product. If they fail to do so, it could lead to severe injury, and cause the manufacturer to be considered liable.
An experienced Michigan defective prosthetics lawyer could help a potential plaintiff determine who is liable for the defect with their prosthesis. This task could be time-consuming and complex, but it is important to identify who was negligent, how they were negligent, and hold them accountable.
The Statute of Limitations
Injured individuals who want to pursue a claim based on injuries related to the use of a defective prosthetic device should be aware of the state’s statute of limitations. Under Michigan Compiled Laws § 600.5805, an injured person has three years from the date of their injury to file a claim.
Since an individual may not notice an injury or a problem with their device as soon as it starts, the deadline on the statute of limitations may be a concerning question. However, for prosthetic devices, this deadline often starts on the day that the injury was discovered, or should have reasonably been discovered.
If a potential plaintiff does not file a case that satisfies this timeframe, it could be difficult or even impossible to seek compensation through a civil lawsuit. Because of this, working with a tenacious attorney who is familiar with defective prosthetics claims could prove to be essential.
Consult with a Michigan Prosthetics Attorney for Help
If you or a loved one injured due to a faulty prosthetic device, you should not have to cover the resulting medical costs alone. By reaching out to a Michigan prosthetics lawyer, you could better understand your legal options and determine if you have grounds to pursue a civil claim for compensation.
If so, an experienced attorney at Buckfire & Buckfire, P.C. could work to request full and fair recovery for your losses. To get started on your claim, call a legal professional today.
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