What is a Defective Medical Device?

Family Medicine Physician ImageYou could possibly be injured by a medical device that is not working as it should. It could cause anything from minor pain to a catastrophic accident. There could be compensation involved. Before you contact anydefective medical device lawyers, you should know what exactly constitutes one.

Was It Due to a Mistake in Design or From Another Circumstance?

Manufacturers of medical devices need to be very diligent when creating these medical devices. The people designing them need to take a variety of things into account, including the size of the patients who will be using them, among other things. A design flaw could wind up hurting a patient who might be too large for a certain piece of machinery.

The places using these medical devices need to have them set up correctly. That includes accounting for things like electrical surges or failures. If something happens to the flow of electricity, then that could wind up with certain programs failing and causing issues ranging from anything to life support or the ability to correctly dispense medications. The results could be disastrous.

Another defect could be with implants, which could rupture or explode, and wind up putting the patients at risk of serious injury or death. You could get a prosthetic that either causes issues with other parts of your body or cracks through normal use and then breaks. You could be hurt during surgery by an instrument, either through the surgeon accidentally tearing your skin or other part of your body, or there could be something on the instrument which causes an adverse reaction. Your body could be shocked by certain instruments.

Who Is At Fault?

This part depends on what happened with the defective medical device. If it was something that happened during surgery, then you could look at the people who were performing the operation. If it was something like a pacemaker shocking you, it needs to be determined if it was due to the device not being properly inserted in your body or if it was due to faulty wiring. The first one would point toward the hospital or doctor’s office, while the second scenario would indicate that it was the manufacturer who made the error.

What To Do Next?

You need to find a lawyer who handles medical device defects and have them look through all the evidence before then submitting a claim. You have to have ironclad proof that there is a defect – your case will hinge on that. They also have to ensure that no protections will shield any potential defendant in the case.

Once that is decided, figure out things out, like how much you want to file the claim for – including things like lost income and the cost of treatment for the injuries that you sustained in this claim. Also, see if you need an expert witness.

Ultimately, it would be great if you never encountered a defective medical device, but you now know what can cause it. Then an experienced lawyer will be able to help you or your family.

If you have any questions, please ask below!