When a medical device fails, the consequences can be catastrophic. From pacemakers to hip implants, these tools are designed to save lives—not jeopardize them. At Bounds Law Group, we specialize in representing victims harmed by faulty medical technology. If you’re searching for a Florida defective medical device attorney, this comprehensive guide will explain your legal rights, your options, and how we can help you pursue justice and compensation.
Contact us today through our free case evaluation form or call 877-644-5122.
What Is Considered a Defective Medical Device?
A defective medical device is any medical product that malfunctions, fails, or is improperly designed, causing injury or death. These devices can be external, such as insulin pumps, or internal, such as surgical mesh or defibrillators.
There are three major types of defects that can trigger legal action:
Design Defects
Flaws inherent in the product’s blueprint.
Manufacturing Defects
Errors made during the production process.
Marketing Defects
Inadequate warnings or instructions for proper usage.
If any of these issues caused you or a loved one harm, our Florida defective medical device attorneys at Bounds Law Group are ready to investigate and pursue your case.
Is a Defective Medical Device Malpractice or Product Liability?
This question is crucial. Not all defective medical device claims fall under medical malpractice. Often, these cases are product liability actions brought against the device’s manufacturer. However, if a doctor knew—or should have known—that the device was dangerous or improperly installed it, then medical malpractice may also be at play.
A seasoned Florida defective medical device attorney can distinguish whether your case involves:
Negligent Medical Care
If a healthcare provider is involved in the device's failure.
Faulty Product Design or Manufacturing
If the defect lies with the manufacturer of the device.
A Combination of Both
In some cases, both factors can contribute to your injury.
At Bounds Law Group, we explore every angle to hold the responsible parties fully accountable.
Steps to Take If You Believe You Have a Case
- Preserve the device (if possible). Don’t return it to the manufacturer.
- Document your injuries and medical treatment.
- Request your full medical records.
- Call an experienced attorney immediately.
Time is critical. Reach out now to Bounds Law Group by calling 877-644-5122 or submitting our free case evaluation form. Let us review your case and help you take the next step toward justice.
What Sets a Florida Defective Medical Device Attorney Apart?
Not all attorneys understand the nuances of these complex cases. A true Florida defective medical device attorney must have:
- Litigation experience against medical manufacturers
- Access to medical and engineering experts
- A full understanding of FDA regulations
- Knowledge of both state and federal law
- Trial-ready strategies in case settlement fails
At Bounds Law Group, our litigation team checks all these boxes and more. We prepare every case as if it’s going to trial—and the opposition knows it.
How Medical Device Manufacturers Are Held Accountable for Defective Products
When a medical device fails, the consequences can be devastating for the patient. However, holding the manufacturer accountable can be challenging due to the complex regulations surrounding medical devices. Knowing how these companies can be held responsible for defective products is crucial for anyone considering a legal claim.
Accountability Through FDA Regulations
The FDA (Food and Drug Administration) plays a significant role in ensuring medical devices are safe for public use. Before a medical device is sold, it must undergo rigorous testing, approval, and post-market surveillance. However, despite these safeguards, some defective devices still make it to the market. Manufacturers can be held accountable through FDA regulations if it can be proven that they violated these guidelines, either by rushing products to market without proper testing or failing to report adverse effects after the product was released.
Product Liability Law
Under product liability law, manufacturers are held responsible for any injuries or damages caused by defects in their products. In Florida, there are three main legal theories under which a defective medical device manufacturer can be held accountable:
- Strict liability: The manufacturer is responsible for damages caused by a defect in the device, regardless of whether they were negligent.
- Negligence: If the manufacturer failed to adhere to industry standards, leading to the defect, they can be held liable for the injury.
- Breach of warranty: If the device was sold with implied or explicit warranties that it would function properly, and it didn’t, the manufacturer could be held responsible for breaking that promise.
A Florida defective medical device attorney from Bounds Law Group will thoroughly investigate the device’s history, the manufacturer’s practices, and the device's design and manufacturing process to determine the cause of the defect. By holding the manufacturer accountable through these legal principles, victims of defective devices have a better chance of recovering compensation for their injuries.
Examples of Defective Medical Devices in Florida Cases
Here are some of the most common faulty devices that have led to serious injury lawsuits in Florida:
Hip and Knee Replacements
(e.g., Stryker, DePuy)
Hernia Mesh Implants
(Atrium, Ethicon)
Transvaginal Mesh
Pacemakers and Defibrillators
Metal-on-Metal Joint Implants
IVC Blood Clot Filters
Insulin Pumps and Pain Pumps
Surgical Robots and Navigation Systems
If you’ve been injured by any of these products, you need a Florida defective medical device attorney who understands both the legal and medical complexities of your claim.
How to Prove Liability in a Defective Medical Device Lawsuit
To successfully win a case involving a defective device, your attorney must prove:
- The device was defective and unreasonably dangerous.
- The defect directly caused your injury.
- You used the device as intended or as prescribed.
In a malpractice-related case, your Florida defective medical device attorney must also demonstrate:
- The healthcare provider failed to meet the standard of care.
- Their negligence led to your injury or worsened condition.
This is why it’s critical to work with a firm like Bounds Law Group, which has access to medical experts, device engineers, and litigation resources.
What Compensation Can You Receive?
If you or a loved one has suffered due to a defective medical device, you may be entitled to substantial compensation. This can include:
Medical Expenses
Past and future expenses related to your injury.
Lost Wages and Earning Capacity
Compensation for income you’ve lost due to the injury.
Pain and Suffering
Loss of Enjoyment of Life
Permanent Disability or Disfigurement
Punitive Damages
In cases of gross negligence.
Our experienced Florida defective medical device attorneys will evaluate every aspect of your losses and fight for the maximum compensation you deserve.
Statute of Limitations for Defective Medical Device Claims in Florida
In Florida, the statute of limitations for medical malpractice is two years from the date of the injury or discovery of the injury. However, for product liability claims, you generally have four years from the date of the incident.
Given these strict timelines, you must act fast. Delay could forfeit your right to file a claim. Call us today at 877-644-5122 or complete our free case evaluation form to protect your rights.
Why Choose Bounds Law Group for Your Case?
Bounds Law Group is a trusted name in Florida personal injury and medical malpractice law. We are known for:
Aggressive Representation
In high-stakes litigation.
Deep Knowledge
Of medical technology and devices.
Proven Results
In product liability and malpractice cases.
Client-Focused Advocacy
Treating you like family.
Our Florida defective medical device attorneys have decades of experience and a track record of delivering justice for injured patients. We go toe-to-toe with billion-dollar medical device manufacturers—and win.
Speak to a Florida Defective Medical Device Attorney Today
If you or someone you love has suffered due to a defective medical device, don’t wait. Legal help is just a call or click away. The experienced legal team at Bounds Law Group is ready to review your claim, explain your rights, and pursue full compensation.
Call 877-644-5122 or complete our free case evaluation form to speak directly with a Florida defective medical device attorney who’s on your side.
Sources:
- FDA Medical Device Recalls Database – Offers updated information about recalled or faulty devices in the U.S.
https://www.fda.gov/medical-devices/medical-device-recalls - National Center for Biotechnology Information (NCBI) – Provides scientific literature and studies on the performance and failures of medical devices.
https://www.ncbi.nlm.nih.gov/ - U.S. Consumer Product Safety Commission (CPSC) – Tracks unsafe consumer products, including some medical devices.
https://www.cpsc.gov/