Defective Medical Product
Each year thousands of people are needlessly injured by defective medical products and devices. If you or a Tennessee loved one has been injured as a result of a defective knee or hip replacement, the Nashville personal injury lawyers of The Higgins Firm can get the settlement you deserve.
Our Nashville-based legal team will investigate your injury, figure out why the defective device failed and will hold the defective device manufacturer accountable for your pain and suffering.
If you or a Tennessee loved one had a knee or hip replaced and are currently experiencing tremendous pain, infection, or the inability to bear weight, immediately contact our team of Nashville malpractice and personal injury lawyers at The Higgins Firm so that we may evaluate your case. If your doctor has mentioned the term “osteolysis” during the course of treatment, you may have received a defective implant. Our experienced Nashville injury attorneys will conduct a thorough investigation to determine whether your case is one that may lead to a significant recovery.
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When Is A Medical Device Defective?
Under Tennessee law, a medical device is considered defective if it contains a manufacturing or design defect. This can include faulty wiring in the medical device, defective software in the medical device, or other manufacturing error or design flaw in the medical device that leads to personal injury.
Additionally, insufficient warnings about risks or side effects from the medical device manufacturer to the Tennessee medical professional or the consumer is in violation of the Tennessee law and can qualify for a Nashville defective medical device personal injury claim. Tennesseans have the right to know and have clearly explained the risks involved with any medical device. Manufacturers who have put on market medical devices that lack clearly stated risks can be held liable for the injury their medical device causes.
Damages In A Nashville Medical Device Lawsuit
Though thousands of people are annually injured by badly designed medical devices, not all Tennesseans injured by defective medical devices succeed in recovering sufficient losses for additional medical procedures and hospital stay, time missed from work, or the pain they have, and may still, suffer. Successful litigation requires the legal resources and experience of a known legal force. In Tennessee, that legal team is found in the personal injury lawyers of Nashville-based Higgins Firm.
Tennessee state law governs damages allowable for defective medical devices and malpractice injuries. Depending on the manufacturer’s knowledge and degree of damage the patient has suffered, the following damages may be awarded:
- Economic (special) damages. Under Tennessee law, these damages can cover medical expenses to-date and expected, loss of past and future earnings, and loss of potential business opportunities.
- Non-economic (general) damages. Under Tennessee law, this compensation is awarded for non-monetary damages such as pain, emotional distress, loss of companionship (including loss of consortium), and other such suffering.
- Punitive damages. Under Tennessee law, punitive damages are awarded with the intension of punishing negligent medical device manufacturers, especially in cases where their injury was intentional or caused by recklessness.
Taking Action With A Nashville Medical Device Injury Lawyer
Our Nashville legal team represents victims of defective medical device injuries throughout Tennessee and in the neighboring states of Kentucky and Georgia. Our Nashville, TN legal staff has the experience to take on the medical device lawyers and big insurance companies, and our personal injury lawyers understand the pain and powerlessness many Tennesseans feel after a medical device has caused them injury.
Contact us online or call us at 615-527-5178 to set up a FREE consultation to discuss your legal options.
Author Bio
Jim Higgins, founder of the Higgins Firm, is a seasoned personal injury attorney with deep roots in Nashville, Tennessee. A 4th generation Nashvillian, Jim carries on the legal legacy of his father, a judge for over 30 years. After graduating from the University of Memphis School of Law, Jim’s career began on the other side of the courtroom, defending insurance companies and learning their tactics for minimizing settlements. However, he soon realized his true calling was fighting for the rights of the injured, and for the past several years, he has exclusively represented plaintiffs in personal injury cases.
Since then, his dedication and skill have earned him membership in the prestigious Million Dollar Advocates Forum, an organization limited to attorneys who have secured million and multi-million dollar verdicts and settlements for their clients. Licensed to practice in Tennessee, Kentucky, and Georgia, Jim focuses on personal injury, product liability, medical malpractice, and workers’ compensation cases. His exceptional work has been recognized by his peers, earning him a spot on the Super Lawyers list from 2021 to 2024, a distinction awarded to only a select group of accomplished attorneys in each state.
