When a patient suffers an injury because of a defective medical device, he or she can seek compensation for his or her related damages through a defective medical device claim. In order to file a successful claim, the patient must first determine which party is liable for his or her damages. This depends on the actual circumstances of the patient’s case. If you were injured in an incident involving a faulty or defective medical device, discuss your case with an experienced personal injury lawyer to determine who is liable and how to pursue your claim.
The Device’s Manufacturer
In many cases, a defective device’s manufacturer is the party liable for the victim’s damages. This can be because the device had a design defect, rendering it inherently unsafe, a manufacturing defect, which means the device was not manufactured according to its design and this lapse rendered the final product unsafe for users, or a marketing defect, which means the manufacturer did not disclose the device’s potential hazards to physicians, patients, and healthcare providers who might purchase and use the device.
Medical device manufacturers must thoroughly test their products to ensure that they are safe for users. Insufficient testing can make it easy for defects to be overlooked, which can put users at risk of harm.
Physicians and Other Healthcare Providers
Doctors, nurses, and other healthcare providers have the responsibility to ensure that the products they use with patients are safe for the patients. When a healthcare provider knowingly uses a dangerous or recalled product, he or she could be liable for the victim’s related damages.
Similarly, when a healthcare provider uses a medical device incorrectly or the wrong device for the patient when he or she should have known the correct device to use or the correct way to use it, that healthcare provider could be liable for the patient’s resulting damages. Using a medical device without properly sterilizing it first is an example of healthcare provider negligence involving a medical device.
A Hospital, Pharmacy, or Medical Office
When a hospital or clinic knowingly keeps a dangerous product in use, it can be the liable party for any damages that result from its use. Similarly, a pharmacy that knowingly stocks unsafe products can be liable for any damages patients suffer from purchasing and using the products.
Large pieces of medical equipment sometimes have to be maintained in order to continue working properly. This responsibility falls on the equipment’s owner, which may be a hospital or medical office.
Work with an Experienced Libertyville Defective Medical Device Attorney
An injury caused by a defective medical device can have expensive, long-lasting consequences for the patient. If you were injured by such a device, work with one of the experienced defective medical device lawyers at Newland & Newland, LLP to pursue compensation for your damages. Contact our office today to schedule your initial consultation with us. We serve clients in the Arlington Heights, Palatine, Rolling Meadows, Libertyville, Mundelein, Buffalo Grove, Schaumburg, Elk Grove, and Itasca areas.
(image courtesy of Ken Treloar)