Medical Device/Drug FAQs

Q. Who may sue in a medical implant, device and drug case?

A. Any person who has been injured or the survivors of a loved one who has been killed as a result of a defective medical implant, device or prescription drug can bring a lawsuit if they can establish fault on the part of the manufacturer, supplier, or seller of the device or the physician who inserted the device or prescribed the drug if they can establish negligence of the physician.

Q. Who may I sue as the result of a defective or dangerous medical implant, device or drug?

A. A number of different persons and entities may have exposure for liability in medical implant, device and drug cases. This includes the manufacturer, supplier or seller of a negligently designed or manufactured product if the plaintiff can establish the fault of one of these defendants.

Further, you can bring a lawsuit against a physician, other health care provider or hospital who implanted a medical device or prescribed a dangerous drug if the plaintiff can establish that it was below the standard of care for the health care provider to implant the device or prescribe the drug.

Unless it can be established that the physician knew of the risk of the implant or drug or that the implant or prescription was contraindicated given your condition, you will have a very difficult time winning the case against a health care provider.

Q. What do I have to prove in order to win a case against a prescription drug company?

A. You must prove either that the drug was improperly designed, not manufactured as intended or that the drug lacked sufficient warning.

Q. Is it necessary to obtain expert witnesses in medical product and drug cases?

A. Absolutely. Plaintiffs will not only have to do the research but will also have to retain the experts who have performed the research to testify on liability and causation issue.

Q. What damages are recoverable in a medical product and/or drug case?

A. Under Louisiana law, someone who has been injured by a medical product or drug is entitled to recover all of his or her past and future medical expenses; past and future loss of income/earning capacity; past and future pain, suffering and emotional distress. If a person dies as the result of a defective medical product or drug, the survivors can recover monetary damages for their economic losses and emotional distress damages for loss of society, love and comfort.

Q. Do I need to retain an attorney in a medical device, implant or drug case?

A. It is a good idea to hire an attorney. Drug and medical device cases are extremely complex and extremely expensive to handle.

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