Advances in medical technology have made headlines worldwide for relieving pain, extending lifespans, and making life that much more fulfilling for countless individuals. Unfortunately, a considerable number of medical devices have proven defective. If you are the victim of a defective medical device, you should know legal recourse may be available. Our attorneys can help you obtain compensation for a defective medical device, medical malpractice, and other forms of negligence.
The Basics of Medical Devices
Medical devices are equipment for the treatment of physical maladies, to alleviate pain, extend lifespan, and provide a higher quality of life. As an example, a pacemaker facilitates heart functionality to spread blood throughout the body. Additionally, prosthetic limbs and even something as simple as a thermometer fall under the definition of medical devices. Though most medical devices function without flaw, some have been reported to malfunction, cease to function, or even make the patient’s condition worse. Whether there is a flaw with the device’s design, the manufacturing process, or the physician’s logic in recommending the device, victimized patients deserve compensation. Even a marketing defect such as the failure to provide consumers with explicit instructions for proper use of the medical device may open the door for a lawsuit and subsequent financial compensation.
Though the United States Food and Drug Administration (FDA) monitors medical devices, many such devices are defective in design, manufacture, marketing, or another manner. The FDA can only do so much. It is the responsibility of those who make and market medical devices to ensure their safety and effectiveness. In most cases, medical devices have minimal regulation unless they have the potential to pose significant danger to patients. As an example, heart pacemakers usually undergo considerable regulation.
How to Proceed After Falling Victim to a Defective Medical Device
If you are even slightly suspicious your medical device is defective, your first course of action should be contacting our personal injury law firm. Preserve the defective medical device along with all related paperwork including the original box. These materials could be important evidence that prove the medical device is defective. Do your best to keep the medical device in exactly the same condition it was when it harmed you. You can preserve the device by placing it in an enclosed space and instructing those in your home to not touch it under any circumstance. Pass the defective medical device on to your lawyer so he or she can analyze it, document it, and use it as evidence to bolster your case. Fail to preserve the medical device and it may prove that much more difficult to win your product liability case.
Even slight alteration of the defective medical device may sabotage your lawsuit. Even unintentionally altering the medical device’s condition can upend your case. If your medical device is placed inside your body, it will have to be removed. Surgeons typically dispose of such devices. If you request the removal of a defective medical device, make sure the surgeon retains, photographs and details its condition in your medical report. It is important to make your request for the preservation of the medical device far in advance of its removal so the surgeon and hospital can make the proper preparations.
Examples of Defective Medical Devices: Metal Hip Replacements
Metal-on-metal hip replacements have led to numerous injuries and spawned countless lawsuits. In some cases, liability falls on the manufacturer for the injury, pain, and related medical costs. In other cases, the surgeon performing the procedure is the target for medical malpractice. Even the slightest error when implanting a metal hip can present an opportunity for a medical malpractice lawsuit.
LASIK Eye Surgery
LASIK eye surgery receives praise across the globe for correcting vision problems. However, this surgery is not successful 100 percent of the time. If anything goes wrong during or after your LASIK surgery, you may have legal grounds against the surgeon or even the group that manufactures the LASIK equipment. Anything from cornea damage to equipment malfunction during the surgery may open the door for a possible lawsuit.
Have You Been a Victim of a Defective Medical Device or Medical Malpractice?
Our team at Lerner and Rowe Injury Attorneys is here to pursue justice and compensation on your behalf. If you have suffered harm in any way from a defective medical device or medical malpractice, contact us at 844-977-1900 to schedule a free consultation. Our office is open from 8am-5pm, yet we are able to answer your call 24/7. If you prefer to reach us online, take advantage ofour LiveChat feature. You have nothing to lose and everything to gain by contacting our legal team. There isno fee unless we win your case.