Patients use medical devices with the expectation that they will provide relief from their symptoms and improve their quality of life. Unfortunately, this is not always the case. Faulty medical devices can cause injury or even death due to malfunctioning parts or improper use.
When people hear the term “medical device,” they may immediately think of massive pieces of machinery such as CT scanners or X-ray machines. However, medical devices can be much smaller and less obvious such as pacemakers, hearing aids, catheters, insulin pumps, and even contact lenses. In fact, any item that is used to diagnose, prevent or treat a medical condition could be considered a medical device.
Some faulty medical devices are recalled by manufacturers or government agencies, but oftentimes these recalls come after a number of adverse experiences have been reported. Others can remain on the market and cause harm to unsuspecting patients. When a faulty medical device causes injury or death, the manufacturer may be held liable for damages suffered by the patient or their family — and medical malpractice attorneys at Ogg, Murphy & Perkosky, P.C. are here to help.
What Constitutes a Faulty Medical Device?
A faulty medical device is a product that, as the name suggests, does not work correctly and can cause harm or death. It could be something big like a machine used for tests, or small like contact lenses. A manufacturer can have them recalled, but sometimes they stay in stores and people don’t know they are dangerous until it’s too late.
There are a few main things that can cause a product to be defective: design flaws, manufacturing errors, or inadequate warnings from the manufacturer. The impacts of a faulty medical device will vary depending on the product, but they can include anything from infection to death.
A design flaw occurs when the product has a defect that was present before it ever left the manufacturer. This type of problem is usually caused by a poorly designed item or a failure to properly test the product before releasing it to consumers. In many instances, product designers may overlook a use case that could cause the product to malfunction, resulting in the need for a recall.
Manufacturing errors occur when something goes wrong during the production process and causes a defect in the finished product. This can be due to a number of different issues such as incorrect materials, poor quality control, or the use of faulty parts. In some cases, only a handful of faulty products make it through the manufacturer’s quality control program; in others, it may be hundreds, or thousands, of dangerous products that end up in the hands of future victims.
Inadequate Warnings From the Manufacturer
Sometimes manufacturers fail to provide adequate warnings about potential risks or side effects associated with using their products. If this happens and a patient suffers harm or death as a result, the manufacturer can be held liable for any damages incurred.
The Dangers of Faulty Medical Devices
The dangers of faulty medical devices are numerous, and each victim’s experience is unique. In addition to physical pain and suffering, patients can also face extended and mounting medical bills due to their injuries, additional medical care, or the need for long-term treatment to recover from these serious injuries. Some patients may even be unable to return to work due to their injuries, resulting in additional financial hardships.
When patients work with medical practitioners, they have every right to trust that the practitioner, as well as the device manufacturers and distributors, will provide them with the best available products, services, and care. When that trust is broken due to a faulty medical device, the victims deserve justice and compensation for their damages.
Are You a Victim of a Faulty Medical Device?
If you or someone you love has been injured by a faulty medical device, you may be eligible to receive compensation. This could include the recovery of related costs such as medical bills or lost wages due to time off work, as well as a multitude of other damages such as the pain and suffering you have endured. The team at Ogg, Murphy & Perkosky, P.C., is here to help you get the compensation you deserve for your injuries and losses.
Trying to calculate the damages a victim is owed after such a terrible experience can be complicated, especially when the at-fault party’s representative legal teams are present. Ogg, Murphy & Perkosky P.C. has years of experience in product liability cases and can work with you to ensure that your rights are protected, and that you receive the compensation you deserve for any injury or harm caused by a defective medical device.
Contact us today for a free consultation — we’ll review the details of your case and guide you through the entire legal process. Don’t let faulty medical devices go. If someone gets hurt by one of these products, the company may have to pay them money. If you have suffered any injury due to a faulty medical device, it is important to seek legal help as soon as possible. You may be entitled to compensation for your damages.