When You’re Injured By a Defective Medical Device
May 11, 2021 in Medical Malpractice, Product Liability
There are a variety of medical devices on the market that can play an essential role in treating patient injuries, relieving pain or improving mobility. For many patients, innovative medical devices are crucial to upholding their quality of life and being independent. However, it’s important to note that certain medical devices such as artificial joints or hernia mesh can cause even more pain, suffering and medical treatment for patients if they are defective.
If your medical device failed because it was improperly manufactured, you could potentially file a lawsuit against the manufacturer through a product liability claim. As opposed to a medical negligence claim, a product liability case will be made against the manufacturer of the failed medical device rather than against the health care professional in charge of installing the device. Here, the experienced New York medical malpractice and product liability attorneys at Sullivan Papain Block McManus Coffinas & Cannavo P.C. provide a brief overview of product liability and how medical device cases work so you can feel more confident about seeking compensation for your injury.
What Are The Different Types of Medical Product Liability?
There are several different ways that medical devices could be seen as defective, and this can include the way it was designed, produced or marketed to the public.
A manufacturing defect is a defect where the product was devised in such a way that it does not follow the original design plans. This will impact the overall performance of the product and cause it not to work as intended. Manufacturing defects are one of the most common forms of product defects that can occur in medical devices.
Another way a device could be considered defective is if the device is deemed dangerous to potential patients, even though it was manufactured properly. This could be a flaw in the initial design itself that led to the product being considered too risky for patient use.
Lastly, medical devices could be deemed defective if they were not properly or transparently advertised to the public. Marketing defects occur when the manufacturer fails to properly warn the public of the potential dangers and risks associated with the product, thereby intentionally or unintentionally covering up potential dangers and threatening patient safety.
How Do Defective Medical Device Cases Typically Proceed?
Even though a medical device can fail or cause complications, that does not necessarily mean that the device itself is defective. Many defective medical devices are eventually recalled and some will require patients to undergo additional surgery or treatments to fix any damage or harm they may have caused.
If you are indeed harmed by a defective medical device, it is important that you not only seek immediate medical attention, but consult an experienced medical product liability attorney who can analyze the intricacies of your case and fight to obtain the highest level of compensation possible on your behalf.
Defective medical device cases can pose several challenges for patients in their path to obtaining compensation for their injuries. In order to successfully win a product liability case, a patient must be able to prove their injury was caused by the medical device. They must ensure that the device does not disappear or become tampered with before trial.
Additionally, if an internal medical device is removed by a surgeon for the wellbeing of the patient, it is often considered medical waste and may be disposed of immediately following the removal. Such conditions can prove to be an obstacle in product liability cases, as physical proof is crucial to ensuring a positive outcome. It is important that your medical providers will save your device to serve as evidence in your case.
Consult a New York Medical Malpractice Lawyer at Sullivan Papain Block McManus Coffinas & Cannavo P.C.
If you or a loved one has suffered a serious injury as a result of a faulty medical device, do not hesitate to seek assistance from a qualified team of medical malpractice and product liability attorneys, such as the attorneys at Sullivan Papain Block McManus Coffinas & Cannavo P.C.
Entrusting your defective medical device case with a knowledgeable and experienced attorney can offer you the ease and confidence you need and deserve to help you navigate through the entire process. To learn more about how the attorneys at SPBMCC P.C. can assist you with your case, or to schedule a consultation, contact us today by calling 212-732-9000 or by filling out a form here.