Many of us have used a medical device during treatment without knowing if it is defective or not. As a result, we may suffer injuries from use of bad medical device and that could make a strong case for product liability claim.
Which Are Medical Devices?
The term refers to any device used by doctors or other healthcare professionals to treat disability, injury or disease. The followings are the most common medical problems that make ground for liability claim.
- Stents (These are tubes inserted into an artery for blockage prevention. Sometimes, these tubes are drug-coated)
- Defibrillators (These are small electronic devices installed in the patient’s heart to produce electric shocks that, in turn, maintain normal heart beat)
- Implants (These are synthetic devices inserted into the patient’s shoulder, hip or other body parts to restore normal function)
- Contraceptive Devices
Let us closely examine the product liability cases resulting from the use of defective medical devices by the healthcare professionals.
There are three varieties of product liability claim as follows:
- Defectively produced medical equipments
- Defectively designed medical equipments (despite no fault in manufacturing process)
- Defectively marketed medical equipments
Defectively Produced Medical Equipments
As the term suggests, the medical devices were not manufactured in a proper way or otherwise found defective. Such defects result from any fault in the manufacturing process, delivery problem or an error in the doctor’s chamber or hospital. To sum up, such defects can occur at any time right from the site of manufacturing to the place where the patients receive treatment.
Defectively Designed Medical Equipments
There is a clear difference between manufacturing and design. The design is actually a layout which is translated into a perceptible reality through the process of manufacturing. Sometimes, a medical device will have been working fine for a longer time before reportedly causing damages to the users.
A common type of defect in the medical device causes it to break at some point of time. The victim may claim that the manufacturer was well aware of the danger that could result from its use but remained silent or took a long time to withdraw the prouduct from the market. If the victim’s lawyer from Christensen & Hymas Law Firm proves it, his client is sure to gain monetary benefits as compensation for punitive damages.
Defectively Marketed Medical Equipments
Liability claim based on defectively marketed medical equipments involves failure of the manufacturing company to provide accurate and/or adequate information in regards to the potential danger from use of the medical device. The patient is also entitled to claim compensation damage if the manufacturer fails to provide correct information about proper and safe use of the medical device. The ‘inappropriate advice’ may have come from the manufacturer, a medical practitioner, hospital, sales representative or other healthcare service providers.
Potential Defendants in Cases Involving Defective Medical Devices
It is important to include all potential defendants in the lawsuit lodged to claim for monetary benefits. The device passes from the manufacturer’s laboratory to hospital via marketplace. The followings are potential defendants who must be named in your complaints and claims:
- Sales Representative
- Medical Professional
- Clinic or Hospital