Blog Post

Parties Who May Be Liable for Your Medical Device Injuries

  • By Admin
  • 12 Apr, 2019
Gavel And Stethoscope On Wood Block

Medical devices such as hip implants, pacemakers, and intraocular lenses allow people to live relatively healthy lives despite their health conditions. Just like other manufactured products, however, medical devices can cause patient injuries. If you have suffered such an injury, here are some of the parties who may be liable for your damages.

Manufacturer

Manufacturers of medical devices are often responsible for the injuries their devices might cause. Most medical devices have dangerous side effects, but that doesn't mean you have a liability claim if you suffer one of the side effects. An injury due to a side effect doesn't trigger a liability claim as long as the manufacturer has warned the public or patients about these effects.

The liability of the manufacturer arises under some specific conditions. For example, a manufacturer who doesn't list the side effects, manufactures defective products, or falsely markets their devices may be liable for the injuries the devices might cause.

Testing Laboratories

Medical devices undergo rigorous tests to ascertain not only their effectiveness but also their safety. Many manufacturers use independent test centers for this purpose. If a device that went through that channel caused you injury, then the laboratory might be liable for your injuries in addition to the manufacturer.

The laboratory's liability arises if they failed in their duty and didn't catch a problem or didn't inform the manufacturer about an issue with the device. For example, a testing laboratory that rushes a test and ends up with bogus results is likely liable for the injuries the device might cause.

Sales Representative

Anyone who sells a medical product should likely prepare to pay for the damages their products might cause. Most manufacturers of medical devices rely on sales representatives to promote the manufacturer's products to medical practitioners.

A sales representative should have full information about their products and provide the information to medical practitioners to help the practitioners make informed decisions. The medical practitioners also use the information to help patients make informed decisions.

Thus, a sales representative who withholds the dangerous side effects of a product is also likely liable for the injuries the product may cause. Also, a sales representative who encourages uses of a product other than those that the Food and Drug Administration (FDA) has approved may be liable.

Distributors

Anyone in the chain of distribution should only handle safe products and inform consumer patients about potential risks of the products. Thus, whether the product has distributors, wholesalers, importers, or even retailers, all must play their part. If a dangerous product sails through the chain of distribution, the distributors could pay for the ensuing damages.

Medical Facilities

Many people get their medical devices from medical facilities such as hospitals, dental offices, and clinics, among others. These medical facilities should also do their part to ensure their medical devices are safe. The medical facilities should also get informed consent from their patients before using the devices.

For example, some manufacturers have recalled hip implants due to the implant's high rates of failure. Any hospital that continues to use such implants may be liable for your damages if one of the implants fail in your body.

Physicians

Lastly, physicians may also be liable for injuries medical devices might cause. When a surgeon sits down with you to discuss your breast implant, for example, they should inform you of the potential risks. The physician should tell you about the risk of leakage, changes in sensation, or poor scarring. Otherwise, the surgeon should compensate you if you suffer the damages.

Product liability claims are relatively complicated and require the effort of experienced lawyers. Ringsmuth Wuori PLLC has the necessary experience to help you navigate your claim or lawsuit if you have suffered injuries due to a medical device. Contact us for a free initial consultation, and we will do our best to help you.

By Admin 14 May, 2019
In car accidents, fault is often easy to assign. If a negligent driver ran a light or drove while intoxicated, the victim's lawyers shouldn't have a hard time proving that their client deserves financial compensation.

Boating accidents are trickier. While the owner and operator of a boat may be at fault for an accident, circumstances like unexpected waves or unpredictable weather can complicate lawsuits in ways that don't relate to a car accident.

Whether you frequently go out on your own boat or spend time with friends on theirs, keep reading to learn when you can sue for personal injury damages — and when doing so is more complicated.
By Admin 12 Apr, 2019

Medical devices such as hip implants, pacemakers, and intraocular lenses allow people to live relatively healthy lives despite their health conditions. Just like other manufactured products, however, medical devices can cause patient injuries. If you have suffered such an injury, here are some of the parties who may be liable for your damages.

By Admin 15 Mar, 2019
You have researched, compared, and booked your cruise vacation. You have excitedly planned what you will do and see in your various ports of call. Unfortunately, your trip is ruined by an injury you suffer on the vacation of your dreams. Is the injury your fault or is it due to the negligence of the cruise line?

Figuring this out, as well as who is responsible and what you need to know to file a claim against the cruise line, can be baffling at best. Here is some information to help you.
By Admin 22 Feb, 2019
Every day, hundreds of thousands of women give birth to newborn children and, thankfully, most of these births go smoothly. Unfortunately, injuries or trauma during birth could leave a mother with PTSD that makes raising her child difficult. Thankfully, lawsuits provide compensation for these types of injuries.
By Admin 15 Jan, 2019

After you have suffered an injury, you may not want to seek damages for pain and suffering out of pride, fear, or lack of confidence in your case. However, you are completely justified in seeking damages for pain and suffering — even for minor accidents.

By Admin 17 Dec, 2018
If your vehicle and a big rig collided, you may have been left with a lot of injuries. If the truck driver is responsible for the accident - or even partially responsible - you may be able to bring a personal injury case against them. A personal injury case can help you pay off your medical bills and recover money lost from being unable to work.
By Admin 16 Nov, 2018
If you have an option to join a class action lawsuit or file an individual personal injury lawsuit, then you should not rush to join the class action. Below are some of the most serious disadvantages of a class action lawsuit.
By Admin 17 Oct, 2018
For many, fall is a welcome change from the warmer weather. They enjoy the changing leaves and the cooler temperatures. With the onset of fall, however, some potential dangers exist that drivers need to be aware of that could cause serious accidents.
By Admin 20 Sep, 2018
Hotels should be a place to relax on vacation or rest during a business trip, but not all hotel experiences leave you rejuvenated and ready to return to regular life. If you were injured at a hotel, your stay could leave you with physical pain, bad memories, and costly hospital bills.
By Admin 21 Aug, 2018
Car accidents  can lead to broken bones, traumatic brain injuries, whiplash and other serious injuries. These crashes can also result in fatalities. In fact, approximately 1.3 million people are killed in vehicle crashes every year. While some of these accidents are caused by unforeseen circumstances, the majority of them are due to negligent behavior.

If you make an effort to become a more defensive driver, you will be less likely to be involved in a crash. Here are seven ways to avoid getting into a car accident:
More Posts
Share by: