Claims Involving Defective Medical Devices
Defective Medical Devices
The advancement of technology in the medical field has resulted in many people to depend on medical devices to better their health. Medical devices are defined as devices used by medical practitioners to treat disease, injuries, or disabilities. These medical devices encompass as Defective Medical Devices
Medical Devices are :
- Contraceptive devices such as IUDStents: Usually drug-coated tubes inserted into an artery to prevent blockage
- Defibrillators: tiny electronic devices that are implanted in the patient’s heart to maintain a normal heart rate (pacemakers)
- Implants: synthetic devices implanted in a patient’s impaired body part such as a hip or shoulder to restore their function
People may end up suffering injuries by defects in the products. Should a defective medical device injure you, the constitution allows you to bring a claim against both the manufacturer and the medical provider.
Types of Defective Product Claims Involving Medical Devices
Under the strict product liability claims, medical devices just like any other products must be free from any medical defects. Defective Medical Devices liability claims fall under three major categories and liability claims should be based on one of them.
Design Defect:
Defectively designed medical devices are those that are properly manufactured but have unreasonable designs likely to cause injury. Sometimes, Defective Medical Devices may have been in the market for a long time but due to mishandling and breakdowns, the device causes injury to the patient. In some case, the victim may claim that the manufacturer was aware of the defect, but out of negligence deliberately concealed it or delayed taking the product off the market.
Manufacturing Defect:
These are defects occurring from improperly manufacturing processes. Defectively manufactured devices arise from errors of omission at the manufacturing facility, during shipping or in the hospital or doctor’s office. If the Defective Medical Devices occurs anywhere between the factory and the place where you received the device, the liability falls on the manufacturer. Any member of the chain of distribution (manufacturer, wholesaler, and retailer) may be held liable for the defect. The law imposes liability on each party that reaps the rewards from the sale of a dangerously defective product.
Marketing Defects:
Marketing defects in Defective Medical Devices are considered to involve any recommendations, warnings or instructions regarding the use of the specific device by a potential defendant. The manufacturer has a legal liability to warn patients of foreseeable and non-obvious dangers likely to occur from the use of the device. Additionally, manufacturers should provide adequate information regarding the appropriate use of the device, failure to which they are liable. The manufacturer, doctor, hospital or sales representatives may provide wrong marketing information, hence are all held liable should an injury occur.
Potential Defendants Defective Product Claims Involving Medical Devices
Manufacturer: Mostly entities involved with the technical development of the new medical device that caused harm to the defendant.
Testing Laboratories: Any laboratories involved in the testing of medical devices, especially if they are independent of the manufacturer.
Medical sales representatives: Manufacturers use sales representatives as the link between them and members of the medical community to introduce and make recommendations regarding potential applications. The sales representatives may be held liable for the device that caused injury.
Doctor: The medical practitioner who recommended the medical device may be held liable for failing to inform the defendant of the potential risk and damages or provide adequate instructions on the use of the medical device.
Retailer: Though the majority of the medical devices are delivered to patients through hospitals, those obtained from pharmacies and drug stores hold the retailer or hospital liable in the event they cause harm to the patient.
Recoverable Damages
If you suffer injury from a defective medical device, we will help you bring a claim against the manufacturer or the medical practitioner. However, you must ensure to keep the device in the same condition it was at the time of inflicting the injury. If the device is lost or tampered with, it becomes difficult to prove your claim.
Please contact us now if you would like to speak to a solicitor in confidence about making a claim for compensation