Defective Medical Products
Injury Due to a Defective Medical Device?
When medical devices fail, the consequences can be devastating. At Travieso McLeod, P.A., we have extensive experience investigating device failures and pursuing the justice our clients deserve. Contact us at (904) 204-3013 or request a free consultation. We serve Ponte Vedra, FL, and the surrounding areas.
Experienced Attorneys for Defective Medical Device Cases
Modern medicine has produced devices that save and improve countless lives. However, as these products become more complex, so do the risks. Litigation involving defective medical products is often complex, resulting from either design defects that make a product dangerous or manufacturing defects that make an otherwise safe product hazardous.
Manufacturers and medical professionals have a duty to inform patients about the potential side effects and risks. When they fail to do so, and an injury occurs, our medical device lawyers are prepared to act. We handle many types of claims, including those involving:
Defective
Defibrillators
These devices can fail to deliver a necessary shock or may deliver an inappropriate one, leading to serious injury or death.
Pacemaker
Failure
Malfunctioning pacemakers can result in pacing issues, causing symptoms like dizziness, fainting, or more severe cardiac events.
Defective Hip, Knee, And Shoulder Implants
Faulty implants can lead to pain, inflammation, device loosening, and the need for revision surgery.
Orthopedic
Implants
We handle cases involving plates, screws, and rods that break or fail, causing further injury and complications.
Heart Stents and Other Medical Products
Issues such as stent fractures or migration can lead to blood clots, heart attacks, or other life-threatening conditions.
Our attorneys work to show that medical companies failed to properly test their products or misrepresented test results in their FDA applications. We are selective in the cases we accept to ensure each client receives the diligence and attention they deserve.
Our Process: Your Path to Justice
We understand that reaching out to a law firm can feel intimidating, especially when you are dealing with a stressful or painful situation. Our goal is to make the process as straightforward and comfortable for you as possible. We do that through consistent transparency with you and by taking the heavy lifting out of your hands.
Here is what you can expect when you contact Travieso McLeod to discuss your personal situation.
1. The Initial Conversation: Sharing Your Story
During your first free consultation, we will listen carefully as you explain what happened. We’ll ask specific questions to get the full picture, including details about your medical treatment, how your life has been affected, and the healthcare providers involved. This meeting is your opportunity to ask us questions, too, so you can feel confident and comfortable with our team.
Note – in most cases, personal injury, medical malpractice, and wrongful death lawsuits must be filed within two years of the date of the incident or malpractice. Contacting a lawyer as soon as possible is critical to ensure your rights are protected within Florida’s strict deadlines.
2. The Case Evaluation: Building A Path Forward
After our conversation, our new case review committee will meet and discuss the case. We will consider whether we have a reasonable expectation of being able to prove that someone’s negligence caused you harm and whether the harms are something a jury will adequately compensate if the case were to proceed to trial.
3. The Investigation: Leaving No Stone Unturned
If our case review committee determines that a viable claim may exist, our team will conduct a thorough investigation to see if your case meets Florida’s strict legal standards for recovery. We will gather all necessary records, bills, and other documents. If the records provide further evidence of a legitimate claim, we will then consult with appropriate experts. This process is vital to building a strong foundation for your claim.
4. Settlement Discussions or Filing A Lawsuit
If our investigation shows that you have a strong case, we will begin the pre-suit process. In medical malpractice cases, that means we will initiate the legally required notice period with the defense. In other cases, we may engage in negotiations with the defendant and their insurance company.
In medical malpractice cases, most do not settle during the pre-suit stage, and a lawsuit is required. While many personal injury cases are settled during this phase, a lawsuit may be filed if a fair settlement cannot be reached.
We work on a contingency fee basis, meaning you will not pay upfront and will pay only if there is a positive recovery on your case.
5. The Discovery Process
Once a lawsuit is filed, both sides will exchange information, take depositions, and gather evidence. This is often the most time-consuming part of a case and is where we continue to build our evidence against the at-fault parties. The Court will require the parties to attend mediation. Some cases settle at mediation, but we will only recommend settlement if the recovery provides you adequate compensation. This is very case-specific, so please call us for a free consultation if you would like to discuss further.
6. Trial
If a settlement is not reached during the discovery phase, the case proceeds to trial. The trial itself can last anywhere from one to three weeks or longer, depending on the complexity of the case. Although most cases settle before trial, we will be prepared to try the case. It’s the best way to maximize your recovery because defendants and insurance companies understand the risk they face at trial.
7. Continuous Support: Keeping You Informed
We understand that the legal process can be long and challenging. From your first call to the resolution of your case, our team is committed to keeping you informed every step of the way. We will provide you with regular updates and explain what to expect next, always advocating for the best possible outcome.
Why Choose Us
- Our expertise is backed by a Florida Board Certified Civil Trial Lawyer, ensuring top-tier representation.
- We’re a boutique-style, self-funded law firm that values personal connections—our clients know us, and we know them.
- Honesty and empathy are at the heart of what we do. If there’s no case, we’ll tell you upfront.
- With unmatched settlement and trial preparation, we’re dedicated to maximizing your recovery.
- We’re passionate advocates for civil justice, standing up for everyday victims of negligence.
For more information, see our Who We Are, Glossary, and Video Library pages.
Frequently Asked Questions
Do I have a case ?
The first step is a detailed review of your medical records by our attorneys and trusted medical experts. If negligence occurred and caused the injury, you may have a strong case. We provide a free initial consultation to help you understand your legal options.
How much does it cost to hire your firm ?
We handle birth injury claims on a contingency fee basis. This means you pay no attorney’s fees unless we recover money for you. Our firm advances all costs associated with investigating and litigating your case.
How long will my case take ?
The timeline for a birth injury case can vary widely depending on its complexity. Due to the required pre-suit investigation and potential for trial, these cases can take several years to resolve. We will keep you informed at every step.
Other Medical Malpractice Cases
Beyond our focus on prescription error, our firm provides expert legal counsel for other serious matters, including:
Birth Injuries
Advocacy for families facing injuries to infants or mothers resulting from negligent prenatal care, labor, or delivery.
Medical Negligence
Representation in cases where a healthcare professional’s failure to meet accepted standards causes preventable harm.
Nursing Malpractice
Support for clients affected by nursing errors in medication administration, patient care, or monitoring by nursing staff.
Prescription Errors
Legal assistance for injuries stemming from incorrect medications, dosages, or prescription instructions.
Diagnostic Errors
Representing those harmed by a health care provider’s misdiagnosis or failure to diagnose a treatable medical condition.
Surgical & Post-Surgical Error
Guidance for individuals harmed by mistakes during surgery or complications from inadequate post-operative care.
Gastrointestinal Injuries
Handling cases involving injuries to the digestive tract due to procedural errors or misdiagnosis.
Nursing Home Negligence
Upholding the rights of residents who suffer neglect, abuse, or substandard care within a long-term care facility.
Dental Malpractice
Supporting clients who experience harm through improper dental procedures, delayed diagnoses, or mismanagement.
Take the First Step Toward Justice
At Travieso McLeod, we understand that suffering from medical malpractice can be an overwhelming experience, not just physically, but emotionally and financially as well. Our attorneys who specialize in defective medical device cases offer guidance, support, and relentless advocacy so you can move forward with hope and security. Located in Ponte Vedra, Florida, we serve the surrounding areas, including St. Augustine, Jacksonville, and Orange Park. Contact us at (904) 204-3013 or request a free consultation.
