Various medical devices have revolutionized healthcare in the past few decades, but unfortunately, not all of them have proven safe in all applications for which they are used—as evidenced by the growing number of medical device cases seen in our nation’s courts. Sometimes a defective device makes its way into a patient’s treatment plan, and when that happens, the results can be disastrous, leading to serious injury and sometimes, death. Some devices are faulty by design, and some are faulty on a case-by-case basis. For instance, a pacemaker that begins malfunctioning may fail to keep the heart beating in a proper rhythm, leading to heart issues or death. An implanted heart valve may start leaking, or an insulin pump may go awry and start delivering the wrong dosage of medicine. If you or a loved one has been harmed by a medical device, you have a right to recover damages to cover your losses and help get your life back on track. SMT Legal and our medical device lawyer can help.
What are Some Types of Medical Device Cases?
Some types of medical device cases might involve:
- Faulty surgical instruments
- Defective implants
- Defective pacemakers
- Defective prosthetics
Who is Liable?
When filing a claim as a result of an injury caused by a defective medical device, you will need to determine whether your case falls under product liability or medical malpractice. An experienced attorney who is well-versed in medical malpractice and product liability laws will be able to help you determine what type of case you’re looking at. In a product liability case, the manufacturers of the defective medical device are often found liable. In a medical malpractice case, you must prove that your medical provider caused your injury due to neglect – perhaps by using a device with known defects, or failing to heed a product recall notice and using it to treat you anyway. Either way, you and your attorney will need to be able to prove to the court that the defendant is liable for causing your injury.
What Is the Compensation in a Medical Device Case?
If the court rules in your favor in a medical device case and your injury were also the result of medical malpractice, you could receive a hefty sum to cover the cost of your medical bills, lost wages, and physical and emotional trauma. Occasionally, plaintiffs in these types of cases will raise the issue of the products’ manufacturers providing adequate warnings and potential dangers on their products, to try to prevent more patients from being injured.