In today’s world of technological advancements, millions of people are using medical devices to improve their quality of life, and doctors are using them to enhance service delivery. Most devices function the way they are supposed to; they improve the quality of life, enable patients to lead a healthier life, and have more independence. Unfortunately, this is not always the case – medical devices may sometimes malfunction and result in injury, death, or other complications.
Defective medical devices have led to over 80,000 deaths and two million injuries since 2008. These are mind-blowing numbers. The number of complications resulting from defective medical devices is difficult to count.
What do you do if you suffer an injury due to a defective medical device?
Alert the FDA
The Federal government takes defective medical devices cases very seriously. If you believe a medical device is defective, you should alert the US Food and Drug Administration. The FDA requests doctors, caregivers, and patients to submit information regarding the defective medical device to MedWatch for investigation. If the device is defective, the FDA may fine and push the manufacturer to recall the defective devices. Also, the outcome of the investigation can help you to prove that the device manufacturer was liable.
The above situation may be a defective manufacturing case. In some cases, the negligence on the part of the doctor may cause a medical device to malfunction. Examples of negligence include:
- Failure to sterilize a device
- Failure to implant or insert a device correctly
- Failure to properly monitor a medical device implanted in a patient’s body to ensure it is functioning properly
- Knowingly inserting or implanting a faulty medical device
How do you determine if your case is valid?
You can only answer this question thoroughly if you consult a medical malpractice attorney. An attorney’s experience in seeking justice for other injured patients can be beneficial. An experienced medical device attorney or law firm, such as Tinker law firm, can review the facts of your case and decide if it is worth pursuing from a financial and legal point of view.
What do you need to prove?
There are two possible lawsuits here:
- Product liability lawsuit
- Medical malpractice lawsuit
In a product liability lawsuit, you have to prove the following:
- You were injured
- The medical device was defective (either in marketing, manufacture or design)
- Your injury resulted from the product’s defects
- You were using the device correctly at the time of injury
It becomes a medical malpractice lawsuit when the negligence on the part of the doctor causes the medical device to malfunction. In a medical malpractice lawsuit, you need to prove the following:
- There was a doctor-patient relationship
- You were injured
- There was negligence
- That negligence caused your injury
- Those injuries led to damages
Medical device defects and medical malpractice lawsuits are often complex and time-consuming. That’s why it is necessary to hire an attorney experienced in medical malpractice or personal injury lawsuits. Depending on your case, your lawyer can negotiate for payment or file the case in a court.