Medical devices are lifesavers, or at least they are supposed to be. But, sometimes, medical devices are not extensively tested before they are used for medical treatment and procedures.
This usually happens when a similar device is already on the market, and the new device falls under the FDA’s 510(k) clearance process.
If a device is not rigorously tested, it can cause severe harm to patients. When this happens, these patients often do not know where to turn. They may feel betrayed by the providers who were meant to treat them. They will also feel they can no longer trust anyone in the medical industry.
If you are in Texas and dealing with injuries caused by a defective medical device, a skilled product liability lawyer can help you. You will not have to face any medical providers who used or implanted the defective device, as your lawyer will negotiate and speak on your behalf.
What Is a Defective Medical Device?
A defective medical device is any device that fails to perform as intended. Medical devices may fail due to design flaws. They may also not function correctly because of manufacturing or labeling issues.
No matter where the flaws stem from, they can lead to severe injuries or a worsened health condition. In serious cases, a defective medical device can cause death.
Some of the most common examples of medical device failures include:
- Hip implants that deteriorate too fast. Some hip implant materials include cobalt, which can cause cobalt poisoning when the implant starts deteriorating.
- Defective pacemakers or defibrillators.
- Surgical mesh that either migrates and causes issues or erodes and causes health problems.
- Infusion pumps that deliver incorrect medicine doses.
- Inaccurately labeled medical devices.
When defects like these become obvious, the manufacturer may be liable for patient harm.
Why Are Some Medical Devices Defective?
The medical device industry (just like the overall medical industry) is highly competitive. Each medical device manufacturer is in a race to be the first to bring new products to the market.
A lack of testing or clinical trials can cause severe defects. In some cases, manufacturers ignore the risks or fail to follow safety regulations.
It is important to note that even devices approved by the FDA are not immune to defects. The FDA has rigorous processes, but they cannot catch every flaw in every device. This is why it is necessary to hold manufacturers accountable.
How Can a Product Liability Lawyer Help?
A product liability lawyer specializes in cases involving defective products, including medical devices. A product liability lawyer should be your first call if you need help after suffering injuries or getting a worsened medical condition due to a defective medical device.
The lawyer will evaluate your case and let you know whether you have a valid claim. This means the lawyer will examine the extent and nature of your injuries. They will also assess the medical device that caused your injuries. Their next step will be to find evidence linking the use of the device to your injuries.
It is crucial to get strong evidence for a product liability case. Your lawyer will collect your medical records, which should contain enough data about how often you have used the device.
Your lawyer will get expert opinions from uninvolved manufacturers and medical professionals to prove the device is dangerous.
It is also your lawyer’s job to investigate the design and manufacturing process of the medical device. During this time, the lawyer may uncover evidence of negligence during manufacturing or insufficient testing.
Identifying the Type of Defect
Defects are usually presented in one of three ways. There may be flaws inherent to the device’s design. This makes the device completely unsafe, even when used according to instructions.
There may also be defects because of errors during production and assembly. When this happens, the product malfunctions and causes injury when a patient uses it.
Lastly, the instructions or marketing surrounding the medical device may be inaccurate. They may also fail to warn of potential risks.
Your lawyer will determine which defect applies to your case. This is an important part of building a strong strategy to win compensation.
Filing a Lawsuit
When your lawyer has the needed evidence, they can file a lawsuit on your behalf. Product liability cases can be based on strict liability, negligence, or breach of warranty. Your lawyer will choose the most appropriate foundation for your case to ensure a win.
Negotiating with Insurers
The manufacturer or their insurer will likely offer you a settlement to avoid going to trial. When manufacturers are sued, it harms their bottom line and their reputation. Your lawyer will negotiate on your behalf and demand compensation for:
- Medical expenses (past and future)
- Lost wages
- Pain and suffering
- Emotional distress
Just because your lawyer demands compensation for all these losses does not mean the insurer will want to compensate you. They will likely offer you a low settlement in hopes you accept it.
Your lawyer will advise you against accepting a lowball offer and will instead prepare your case for trial.
Why You Need a Lawyer
Defective medical device cases are complicated. Manufacturers have the money to pay for the best legal teams and resources to defend themselves against lawsuits. This is why you should have a reputable lawyer on your side.
Your lawyer will understand the legalities that apply to defective medical devices. They will also know how to navigate a case that involves several parties. These parties may include manufacturers, distributors, and healthcare providers.
Moreover, your lawyer will also know how to deal with stalling tactics dished out by insurers.
Do Not Let a Defective Medical Device Ruin Your Life
When medical devices are not tested properly, it can have devastating consequences for patients. If you have suffered because of a malfunctioning medical device, you probably experienced physical, emotional, and financial harm.
Fortunately, you do not have to let this incident ruin your life. A good lawyer can help guide you through the legal process and get you the settlement you deserve. The sooner you make that call, the stronger your case will be, and the sooner you can move on with your life.
Image by Sora Shimazaki from Pexels
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