Almost 130 million people in the United States end up in the emergency department as another 35 million get treated in outpatient care each year. All patients who enter the hospital setting always trust the physicians with their lives. Unfortunately, a major concern that has been reported over the years is the use of defective medical devices. Faulty devices such as laparoscopic equipment and replacement systems can result in severe pain and long term injury. Here is a preview of the information you need to know about faulty medical device cases.
'Medical devices' include a range of objects which vary from the normal stethoscope to high-tech equipment. According to the Food and Drug Administration (FDA), a medical device is "any instrument, apparatus or implant, or machine" used for disease diagnosis as well as for treatment, cure, or disease prevention. Some common medical devices that are majorly subject to legal issues include:
1. Anesthesia machines
6. Contraceptive devices
Under products liability law, the common types of faulty medical devices include: the devices that have been manufactured defectively, devices which have defective signage, and devices which have been defectively marketed. If you or your loved ones suffer injuries as a result of such liabilities, then it’s likely you have a faulty medical device case.
The supply chain of medical devices is for sure which complicates the act of assigning fault. Different parties may be liable to the defective product depending on the type of defect. Thus, possible defendants in such as case may include: the manufacturer who manufactured the product, the medical sales representative that recommended the product, the physician or doctor or a testing laboratory that failed to identify the defective product, or a retailer who distributed a particular defective product.
Every case involving a faulty medical device is unique, and the right way to identify the defendants in your case is to talk to a lawyer who has experience with product liability cases.
For you to win a faulty medical device case, Mass Tort Attorneys recommend that you prove the following:
1. You had been injured by a particular faulty device
2. The faulty nature of the device resulted in your injury
3. The device was defective as illustrated above
Every state has a limitation statute for injury cases associated with medical devices. Mass Tort Attorneys will help you determine whether your case can still be legally presented in court.
Faulty medical devices are key issues affecting the medical field. Specifications, proper manufacturing, proper design, and maintenance of safety standards are necessary standards that can help protect patients. Mass Tort Attorneys understand how faulty medical devices can affect your life and those of your loved ones. The firm is ready to help you identify the party liable in your faulty medical device case, and hold it accountable for all the resulting injuries. Contact us today to schedule a free consultation.
For more information on our Faulty Medical Device Attorneys, please visit our site.