What do I do if I am Injured by a Medical Device?
Some people require the use of a medical device in order to stay healthy or even stay alive, but a defective medical device can make the situation much worse for the patient, causing serious, life-threatening complications, or even death.
If a patient suffers harm or injury as a result of a defective medical device, then they may be able to seek damages or compensation for the ensuing complications.
Medical Devices and Their Complications
Medical devices encompass a wide range of products, but put simply, they are any machine or tool which is used to treat an injury, illness, or disability and are commonly used to help improve a patient’s quality of life. These medical devices are meant to help medical professionals diagnose, supervise, or treat medical conditions. Some of the most common medical devices include prosthetics, defibrillators, contraceptive devices, stents, pacemakers, medical implants, and dialysis machines.
The U.S. Food and Drug Administration (FDA) must approve all medical devices, which involves an assessment of their safety, effectiveness, and quality before being sold to the public, but there have been many instances where devices are fast-tracked through the process, resulting in widespread complications which don’t come to light until years after they have been in circulation.
Defective medical devices are usually due to the result of one of three situations:
– Design Defect: These include devices which were manufactured correctly but have a serious design flaw which can cause harm.
– Manufacturing Defect: These encompass mistakes made during the manufacturing process, shipping, or even while it is in the hospital.
– Marketing Defect: In some instances, devices are marketed for use in a way other than originally intended, or the device may lack warnings against improper use or side effects.
Determining who was at fault when you have been injured by a medical device depends a great deal on the type of defect, and where the defect occurred in the chain from design, manufacture, marketing, and use. A patient or the patient’s family may be able to hold any number of people responsible for a defective medical device, including the manufacturer, device wholesaler, doctor, hospital, testing lab, or device sales representative.
Most often though, it is the manufacturer that is held liable on the basis of defects, insufficient warnings, or inaccurate or misleading marketing. The fact is that medical device manufacturers have a legal responsibility to ensure that their devices are safe for patients, meet the FDA standards, and that they warn doctors and patients of any potential risks or side effects as a result of using the device.
Above all, patients have the right to know the risks associated with a particular medical device so that they may make an informed decision with the help of their doctor as to the best course of action.
All too often, we see patients in our law offices who have suffered severe complications or side effects due to unanticipated consequences thanks to a defective medical device. No one deserves to be harmed or suffer due to a medical device which is meant to help us stay healthy or improve our quality of life. If you or a loved one has been injured by a medical device, then you deserve compensation and justice. The experienced team of medical malpractice attorneys at Fears Nachawati are here to help you if you’ve suffered due to dangerous or defective products.
For your free, no obligation legal consultation, please call the medical device lawyers of Fears Nachawati at (866) 705-7584, or visit one of the offices located throughout the great state of Texas, including in Houston, Dallas, Austin, Fort Worth, and San Antonio.