Have You or a Loved One Been Harmed by a Defective Medical Device?

 Posted on August 31, 2020 in Product Liability

Medical advances in the last several decades have enabled people to live longer, healthier lives. Surgical tools and other medical devices have made it possible for many medical procedures to become less invasive, less risky, and require less recovery time. Unfortunately, defects in the way medical devices are designed or manufactured can make the products dangerous or even life-threatening to patients. If you were harmed by a faulty medical device, the fault may not lie with the medical facility or doctor who used the device. The fault may instead lie with the device designer, manufacturer, or seller.

Understanding the Difference Between Product Liability and Medical Malpractice

If a medical procedure or medical device caused you injury, you might assume that the injury falls under the umbrella of medical malpractice. However, a medical malpractice claim is appropriate when a medical professional or medical facility makes errors that cause injury to a patient. If a defect or flaw with the medical device itself was the cause of your injury, the issue may fall under product liability laws. 

Defective medical devices may cause pain, discomfort, or infection. Implanted devices may migrate from their original location, disintegrate, or stop working as intended. Often, product liability claims involve medical devices that have been recalled by the Federal Drug Administration because they have been found to present an unreasonable risk of harm to patients.

Determining the Liable Party in a Product Liability Claim

There are three main types of medical device defects that can cause patient injury or death. A design defect is a problem with the way the device was originally designed. A manufacturing defect occurs when the device is constructed incorrectly. Lastly, “failure to warn” refers to a problem caused by insufficient warnings or instructions regarding the risks associated with using the device. Understanding which type of defect caused your injury is the first step in determining the liable party. 

An attorney experienced in handling medical device product liability claims will be able to investigate the cause of your injury, examine evidence, and consult with medical experts to find the at-fault party. To recover compensation for you, your attorney will need to prove that:

• The product was flawed in some way
• You or the medical professional used the product correctly
• The flaw caused you injury
• You suffered damages because of your injury

Damages may include additional medical costs incurred by your injury, lost income from time off work, reduced future earning capacity, pain and suffering, and more.

Contact a Rockford Defective Medical Device Lawyer

At Mannarino & Brasfield, A Division of Schwartz Jambois, we help injured clients hold negligent parties accountable for the harm they have caused. We can help you determine the source of your injuries and pursue financial compensation for your damages. Schedule a free consultation with one of our experienced Winnebago product liability attorneys today by calling us at 815-215-7561.

Source:

https://www.fda.gov/medical-devices/medical-device-recalls/what-medical-device-recall