Patients reasonably expect that their doctors’ prescriptions, including those for medical devices, will not only help their medical conditions, but also that they will not suffer unexpected harms from prescribed products. Medical devices refer to instruments and equipment used in the practice of medicine intended to diagnose or treat medical conditions. Devices include equipment such as medical implants, joint replacement parts, x-rays, and laser surgical devices.
Our medical device attorneys at SMT Legal know how difficult it is to discover you have suffered medical complications and setbacks due to a defective medical device. Unfortunately, defective medical devices are all too common and innocent people are sustaining serious injuries and damages as a result. When manufacturers put profits over safety, they deserve to be held accountable and injured patients deserve to be compensated
Common factors in defective device cases related to:
- When a patient is not informed about the risks associated with the particular product before he or she consents to the use or implantation of a medical device. This may be due to a doctor’s failure to warn of the risks or because the device manufacturer failed to properly warn of risks and side effects.
- Inadequate research and safety testing prior to putting the product into circulation. When this happens, a product’s side effects, risks, or ineffectiveness may not be discovered prior to patient use.
- Defective design or manufacture of the product making it dangerous or ineffective for patients.
- Poor quality of materials used causing a device to fail prematurely.
- The device is not appropriate for the patient’s condition. This could be due to either the doctor or maker representing that the device will treat the patient’s condition, when in fact, it will not.
- Misrepresentation of a device’s safety or effectiveness
Types of defects
Medical devices are sometimes defective due to their design. When a device is not properly designed, its function and safety may be compromised. Manufacturing defects occur when there is an error in the construction of the device rendering it unsafe or ineffective. Other defects include medical device risks that are not discovered because of inadequate research and testing or serious and common risks that are not disclosed to patients prior to his or her consent.
Common defective devices
Common defective devices include the following:
- Birth control implants
- Pain pumps
- Insulin pumps
- Transvaginal mesh and bladder slings
- Joint replacements
- Dialysis devices
Defective device injuries and damages
Injuries and damages caused by defective medical devices can be devastating. Some patients suffer long term consequences and even death due to defective devices. Financial recovery in defective medical device cases may include, but is not limited to medical bills, pain and suffering, lost wages, lost earning capacity, pain and suffering, and wrongful death.