What is a defective device?
A defective device is a product that fails to work properly, resulting in injuries from minor to catastrophic. A defective medical device is typically product, such as a pacemaker, that is designed to help a patient, but because of improper design or negligence, causes them harm. Many severe injuries are the result of negligence or misconduct of behalf of the manufacturing company. Negligence is conduct that falls below the standard of care established by law, for the protection of others against an unreasonable risk of harm. Misconduct is the inappropriate or unlawful conduct by a company that is either intentional or caused by a disregard of consequences.
What are some examples of defective devices?
Defective medical devices can range from faulty breast implants and prosthetics to diagnostic equipment, pacemakers, dialysis machines and defibrillators. Stents, pain pumps, spinal discs and heart valves are other examples of defective devices that can result in injury to a patient.
Who can be held responsible for a defective device?
In many cases, the device manufacturer is liable for injuries suffered due to a faulty device. However, there are other parties that can be held liable in court, including sellers, distributors and marketers.
How do defective devices make it into the marketplace?
Medical devices undergo extensive testing before they are approved by the Food and Drug Administration (FDA) for public use. However, these tests are not always thorough and accurate. This can lead to a faulty device making its way onto shelves and into pharmacies, hospitals, doctor’s offices and medical supply stores. Other times, a new danger or risk becomes evident once the device has been used by patients, leading to a product recall. Sadly, a product recall is often too late to benefit the thousands of patients who have already suffered.
What are some reasons for a product recall?
Product recalls typically result from negligence or poor quality control on behalf of the manufacturing company. Sometimes funding for research and development has been cut, which prohibits through and sufficient testing. Design defects can also occur during the planning process, and may not be identified until the product has been introduced into the marketplace. These circumstances will initiate a product recall, but sometimes the recall is issued so far afterward that few consumers will hear about it before it is too late. In the United States alone, defective products cause nearly 30 million injuries and 22,000 deaths each year.
What type of claim should I file if I have been the victim of a defective medical device?
If you have suffered because of a defective device you can file a medical malpractice claim or a product liability claim, depending on your situation. The difference between these two claims is the party you are holding responsible for your injuries. A medical malpractice suit holds a doctor, nurse, surgeon or other medical worker responsible for your injuries. A product liability claim holds the manufacturer, wholesaler, retailer or distributor responsible for your injuries. If you are not sure what type of claim to pursue, talk to an experienced http://www.cochranfirm.com/“>defective device attorney today.
If you or a loved one has been injured by a defective device, or have been impacted by product recall, please visit the website for http://www.cochranfirm.com/index.html“>The Cochran Firm, which serves clients nationwide.
