Who Is Liable for Medical Device Injuries?
If you have been injured by a medical device, there are several different parties who may be liable for your damages. Who you file a suit against will depend upon the specific details of your case. You may be able to sue the device's designer or manufacturer. You may also be able to sue a doctor, pharmacy, or hospital. In some cases, you can also sue the sales representative.
When a doctor recommends a medical device, they do so to improve their patients' health. However, things don't always go as planned. Far too often, patients are left with injuries, worsening illnesses, and even more medical bills you can't afford after a device proves to be defective.
About Medical Devices
Medical devices are used to diagnose or treat illnesses. They can also be used to prevent illnesses in the first place. These medical devices need to be clinically investigated, monitored and maintained regularly.
Some types of medical devices include:
Hearing aids
Defibrillators
Insulin pumps
Transvaginal mesh
Pacemakers
Breast implants
Hip implants
Heart stents
Contraceptive devices
Many of these devices require surgery to implant them. When a device is defective, it will require additional surgery to remove and replace it. This is costly and it places the patient at risk. When this happens as a result of a defect, you may want to talk to an attorney about your legal options.
Many of these devices require surgery to implant them. When a device is defective, it will require additional surgery to remove and replace it.
The 3 Types of Defective Medical Device Claims
Although there are other possible defendants in defective medical device cases, the following are the three most common types of claims.
Defective Design
Even if a medical device was manufactured correctly, there could still be defects in its design that makes it dangerous to patients. Design defects can include flaws that make the device not function correctly or function for a shorter period of time than was intended. Either of these factors can lead to injuries.
Defective Manufacturing
There are several factors that can lead to a medical device becoming defective during the manufacturing process. Workers can make mistakes, machines can break down, or the parts of the device could be made from faulty materials. Perhaps the most frightening aspect of defective manufacturing is the fact that doctors may not be able to tell the device is defective.
Defective Marketing
The medical device sales representative may also be liable if they failed to disclose information that could lead to the device not being used safely. They could also be negligent if they failed to fully educate themselves about the potential dangers of the device, causing them to not be able to pass this information on to the doctor.
Medical device Injury are complicated and you should know who is responsible for those.
What You Need to Get Compensation
In order to prove your case, you and your legal team must provide evidence that proves that the device manufacturer or other defendants had a duty of care not to harm you, which then they breached due to negligence. You must also be able to prove your damages and that they happened as a result of the defendants' actions.
Having an experienced attorney is a must in these kinds of cases because they are so complicated. Your lawyer such as Calhoon and Kaminsky P.C. will be able to identify and locate every possible defendant, bring in expert witnesses, and negotiate with insurance. They also understand the full value of your case, so you won't risk settling for too little and being left unable to cover your costs.
Many medical device lawyers work on a contingency fee basis, which means they won't collect their fees until your case is settled or you win in court. You'll also find that most of them offer free initial consultations. If you've been hurt by a medical device, you have nothing to lose and everything to gain by taking them up on it.
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