Medical devices are essential to the healthcare industry and are often used to diagnose and treat various medical conditions. However, defective medical devices can cause serious injury or death to patients. Patients who are injured by defective medical devices in Hawaii may be able to recover damages through product liability lawsuits. This article will discuss the legal options available to patients who were injured by a defective medical device in Hawaii.
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Understanding Product Liability Laws
Product liability laws are designed to protect consumers from harm caused by defective products. When a product is defective and causes harm to a consumer, the manufacturer, distributor, and/or retailer may be held liable for the injuries and damages sustained by the consumer. Product liability claims can be based on defects in design, manufacturing, or marketing.
Defects in Design
Defects in design relate to the inherent flaws in the product’s design or blueprint. In other words, the design of the product is inherently dangerous, and no amount of care in manufacturing or marketing could have made the product safe. In Hawaii, product liability claims based on defects in design require the plaintiff to prove that:
- The product was defective and unreasonably dangerous;
- The defect existed at the time the product left the manufacturer’s control; and
- The defect caused the plaintiff’s injuries.
Defects in Manufacturing
Defects in manufacturing occur when the product is designed properly but is improperly manufactured, resulting in a dangerous product. The defect in manufacturing can be the result of a mistake or error during production. To prove a product liability claim based on defects in manufacturing, the plaintiff must show that:
- The product was manufactured in a way that it was different from the design;
- The defect made the product unreasonably dangerous; and
- The defect caused the plaintiff’s injuries.
Defects in Marketing
Defects in marketing are related to inadequate warnings and instructions or misleading advertising. In Hawaii, a product liability claim based on defects in marketing requires the plaintiff to show that:
- The product did not include adequate warnings or instructions for safe use;
- The lack of warning or instruction made the product unreasonably dangerous; and
- The defect in marketing caused the plaintiff’s injuries.
Filing a Product Liability Claim in Hawaii
Filing a product liability claim in Hawaii can be complex and time-consuming and requires the help of experienced attorneys who specialize in product liability cases. Hawaii has a two-year statute of limitations for product liability claims, which means that a plaintiff must file a claim within two years of the injury or within two years of the discovery of the injury caused by the defective medical device.
Recoverable Damages in Hawaii
In Hawaii, plaintiffs can recover damages for economic and non-economic losses caused by the defective medical device. Economic damages include medical expenses, lost wages, and other out-of-pocket expenses related to the injury. Non-economic damages include pain and suffering, mental anguish, and loss of consortium.
Conclusion
If you have been injured by a defective medical device in Hawaii, you may be entitled to compensation for your injuries. To recover damages, you must file a product liability claim against the manufacturer, distributor, or retailer of the defective medical device. Contacting an experienced product liability attorney can help you navigate through the complex legal processes and maximize your recovery.