Although medical devices are developed by industry experts and should be thoroughly researched and tested before they are approved by the FDA and recommended to patients by doctors, medical devices frequently still contain defects that cause patient injuries. When your doctor recommends a medical device, you assume that it is safe and any risks of the device would be disclosed to you and discussed prior to your medical device consent, unfortunately, this is not always the case.
If you have been or think you may have been injured by a medical device, contact Beaver County medical device attorneys at SMT Legal to schedule a consultation. Defective medical devices can cause injuries that require follow up procedures and extensive medical care and you need someone advocating for your health and your rights.
Product liability or medical malpractice?
Defective medical device cases can be complicated, especially when you do not know exactly how or why the device is defective; you only know it has caused your injuries. Depending on the facts, defective medical devices may be treated like a product liability case or medical malpractice.
Product liability – If the defect is related to the device itself, your case will likely be treated as a regular product liability case. This means that your device contains one of three types of defects: a defect in the design of the devices that results in consumer injuries, an error occurring in the manufacture of the device causing a device defect, or a marketing defect which typically means that the device has been falsely marketed or failed to come with warnings regarding injury risks.
Medical malpractice – Medical malpractice cases related to medical device injuries are often due to a medical professional’s failure to warn patients about side effects and complications, failure to inform patients of alternative treatments or devices, recommending a medical device that for various medical reasons should not have been recommended for a particular patient, or failing to advise a patient on proper instruction or use of the device.
Most common defective devices
- Pacemakers and defibrillators – Faulty devices failing to revive or regulate the heart
- Breast implants – Ruptured or leaking implants causing illness
- Transvaginal mesh– Mesh may erode and fall apart causing complications and injury
- Hernia mesh – Defects causing chronic pain, infection, or other surgery required for repair and removal of the mesh
- Birth control implants – Complications causing internal organ damage, infertility, and infection
- Insulin pumps – Administering incorrect amounts of insulin
- Hip and knee implants – Defective devices causing tissue damage, bone damage, and even metal poisoning