When people use medical devices to better their health but in return suffer injuries from them, the injuries can form the basis for a product liability claim. Some medical devices that have run into medical and legal problems in recent years include defibrillators, stents, implants and contraceptive devices. Injured victims of fault or defective medical devices can make a liability claim against a defendant.
Product liability claims involving faulty medical devices may come in three varieties:
Defectively manufactured medical devices:Defectively manufactured medical devices are those devices that were either improperly manufactured or damaged from the beginning. Such devices can be created as a result of an error at the manufacturing facility, shipping problem, or error at the hospital.
Medical devices with defective designs: These are the medical devices that were properly manufactured but have unreasonably dangerous designs that resulted in injuries. Sometimes these devices could have been in the market for a long time before causing serious injuries. Victims can claim that manufacturers were aware of the dangers but concealed them or delayed taking the products off the market.
Defectively marketed medical devices: Marketing of medical devices refers to recommendations, instructions or warnings concerning the usage of the device. This category of claims includes failures to provide adequate or accurate warnings or instructions regarding dangers posed by the medical device. Claims may also include failure to provide adequate instructions regarding safe and appropriate usage of the device.
Manufacturers: They are usually large companies. Victims can seek compensation for their injuries from these companies but it is also important to note that these companies inevitably hire teams of high-priced lawyers to defend such cases.
Testing laboratories:Laboratories that performed tests on the medical devices can be held liable for any injuries caused.
Medical sales representatives: Medical device manufacturers often make use of sales representatives to meet with doctors and other members of medical communities to make recommendations about the latest medical devices. These medical representatives may be held liable if they recommended medical devices that caused injuries.
Doctors: Doctors may be found liable if they fail to warn patients of potential dangers or give instructions regarding the usage of medical devices.
Hospitals/clinics: If hospitals or clinics were part of the chain of distribution of the defective medical devices, they may be liable for any injuries.
Retail suppliers: When victims suffer injuries due to medical devices that were obtained from pharmacies, drug stores, or other suppliers, the retailers can be held liable. This is because retailers are the final point in the chain of distribution.
If you, a family member or a friend have suffered an injury as a result of a faulty medical device, contact product liability lawyers at Dervishi Law Group, P.C. We will determine whether or not you have a viable product liability case. To speak to one of our lawyers.