Medical devices are essential tools in modern healthcare, but when they fail, the consequences for patients can be severe. In Alabama, individuals injured by defective devices may have legal options to pursue compensation.
Understanding Device Failures
Medical device failures can occur due to design flaws, manufacturing errors, improper use, or a lack of adequate warnings. Common issues include malfunctioning pacemakers, early failure of hip and knee implants, and complications from surgical mesh or IVC filters.
Legal Framework in Alabama
Patients in Alabama can pursue claims under product liability or medical malpractice law. A product liability claim may focus on the defective nature of the device, while a malpractice claim targets provider negligence during implantation or monitoring. Alabama’s strict liability rules mean you may not need to prove intent or negligence—only that the product was defective and caused harm.
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Time Limits for Filing Claims
Alabama generally enforces a two-year statute of limitations for filing personal injury or product liability lawsuits. This period typically begins from the date the injury occurred or was discovered.
Taking Action After a Device Injury
If you suspect you’ve been harmed by a medical device, document all medical records, report the issue to the FDA, and speak with a qualified attorney. These steps help protect your rights and strengthen your potential claim.
At Southern Med Law, we represent individuals across Alabama who have suffered due to unsafe medical products. Contact us to learn more about your legal options.