Possible Damages That Are Available In A Breast Implant Lawsuit
What Are Some Possible Damages That Are Available In A Breast Implant Lawsuit?
In the legal field, the injuries and harms that patients suffer as a result of a defective product are referred to as damages. The current litigation has a stringent and fixed guideline for recovery with set amounts per payment category. The settlement options are disease-related and are not influenced by loss wages; emotional and physical pain and suffering; or deformities of the breast as a result of ruptures or removals. The damages in the breast implant litigation are very limited
Should I Sue The Surgeon As Well?
Typically, courts have determined that surgeons or other health care providers or clinics are not responsible for defective devices unless there was negligence on the providers’ part. It is the manufacturer who is to be held responsible for a defective consumer product. Therefore there is no need to sue the surgeon.
Is This A Class Action Settlement?
Currently, the cases that are being settled are those involved in the original class action for Dow Corning breast implants. If you believe you may have been injured by a defective breast implant, it is possible that you will not even need to sue in order to obtain the recovery for your damages. However, if it is found that your injuries are the result of a negligent breast implant surgery, the class action settlement would not apply to your case.
It may be difficult to determine whether product liability or medical malpractice is the root cause of your injuries, or if there is an existing settlement out there that may apply to your situation. Your first step should be to speak with an experienced product liability attorney who has handled breast implant cases in order to be advised on your best possible next courses of action.