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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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 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.
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.