What damages are available in a defective medical device lawsuit?

Tennessee law enables you to file a lawsuit if you suffer an injury due to a defective medical device. Examples of defective devices often featured in these lawsuits include items such as implants, surgical instruments and prosthetics. State law mandates that these suits are filed within a year of the date of the incident that caused the injury. Therefore, you should act quickly if you believe that a product defect led to the incident.

Your damages may be more extensive than you first think. Immediately, you might notice that you have a large number of medical bills due to your worsened condition. A lawsuit would certainly address those expenses as well as the cost of any future bills you may encounter. However, you should also take into account other expenses and intangible items, such as the following: 

  • Missed wages due to time off work
  • Costs related to a disability that stems from the injury
  • Your pain and suffering

There are also noneconomic damages such as loss of consortium, which arises when a victim of negligence suffers negative effects on his or her relationship with a spouse or partner.

If you plan on filing a lawsuit, you should be as detailed as possible with discussing the ways in which your life has changed due to the injury. Having a comprehensive list with supporting evidence – such as bills and information from your employer – can help solidify your claim.

While this information may be useful, it should not be taken as legal advice.

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