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Medical devices often perform vital
functions – and the patients who use them
trust in their ability to work properly
every single day. Yet like many
sophisticated and complex products, they are
susceptible to malfunctions and failures.
When a medical device does not work as it
should, causing injury or other harm, the
victim may have a case of medical device
malfunction or product liability.
Typically, manufacturers will make every
effort to recall any defective medical
products as soon as the problem is detected.
However, someone has to suffer first before
the mistake comes to light – and not all
manufacturers admit to errors immediately.
Some of the more commonly known cases of
medical device malfunction in recent years
include:
- Stents inserted into arteries to
help regulate blood and oxygen flow.
Some stents are coated in medication to
prevent inflammation, but not all
patients react favorably to the
medicine, and some suffered serious side
effects including anaphylactic shock and
blood clots.
- Defective batteries in pacemakers
and defibrillators. The batteries used
in both devices became defective after
an expiration date, but many consumers
and institutions were unaware of the
risk that this lifesaving equipment
might not work.
- Silicone breast implant-related
health problems. Many women suffered
serious illnesses after receiving
silicone breast implants, requiring
additional surgeries to remove or
replace the implants.
Just like any other product liability
case, victims of medical device malfunction
can sue based on several different factors,
depending upon where and how the malfunction
occurred.
- Design defect – the product was
designed improperly, resulting in the
breakdown in function that caused the
injury.
- Manufacturing defect – the product
may have been designed correctly, but an
error occurred during production which
caused the device to malfunction.
- Marketing defects, including failure
to warn – the product was marketed in a
misleading manner, or the product label
or other accompanying literature failed
to warn of potential side effects.
Regardless of why the device failed to
function properly, the consumer shouldn’t
have to pay the price for someone else’s
mistake. If you or a family member suffered
injury from a medical device malfunction,
the manufacturer should be held accountable
and you may be entitled to financial
compensation. A medical malpractice attorney
can help evaluate the circumstances of your
injury and determine whether you have a
case. Your medical device lawyer should work
with accredited medical experts and be aware
of relevant product liability regulations
pertaining to medical devices. Finally, your
medical device attorney should prepare an
effective case strategy designed to meet the
needs of you or your family.
If you believe you may have a medical
device malfunction claim, contact an
experienced medical malpractice lawyer. Most
malpractice law firms provide FREE initial
case reviews, but you have a limited time to
file a lawsuit which in some states arise
once your injury becomes apparent. You may
still be eligible to file a claim years
after your medical device was installed –
but prompt action is mandatory once you
suffer any harm.
Contact a medical device attorney today.
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