Medical treatment often involves more than just medication. In many cases, surgeries and other procedures are part of a patient’s treatment and frequently, the use of medical technology is part of these procedures. These devices are not free from the risk of human error. Negligence can occur at a device’s design or manufacturing stage, its packaging stage, or during its use by physicians. When a faulty or defective medical device results in injury or a worsened condition for a patient, the patient may seek compensation for his or her damages through a medical malpractice claim.
Who is Liable for your Damages from a Dangerous Product?
Product manufacturers have what is known as product liability, which means they are liable for any damages resulting from the correct use of their products. It is important to note that product liability only applies to cases where the injured victim used the product as intended and still suffered an injury. If there is a potential risk of injury when using a product correctly, manufacturers are required to clearly label these risks on the product’s packaging.
Generally, victims of injuries due to faulty or poorly-designed medical devices can seek compensation for their damages through claims against the products’ manufacturers. However, a product’s retailer or distributor can be at fault for a victim’s damages if they failed to remove the dangerous product from their inventory after a recall. A doctor can also be liable for a victim’s damages if he or she knowingly uses a recalled medical device on a patient, uses the device incorrectly or under a false diagnosis, or uses an inappropriate product for a patient or the patient’s condition.
Examples of High Profile Dangerous Medical Device Cases
A few notable examples of dangerous medical devices used in the United States over the past few decades include:
- Heater-coolers that can foster harmful bacteria and put patients at risk of infection;
- Bladder slings and transvaginal meshes that can cause pelvic pain, difficulty with urination, and a risk of infection in patients; and
- Hip implants that caused pain to patients, sometimes to the point of requiring the patients to undergo second surgeries.
Research any medical device recommended to you thoroughly before you agree to use it as part of your treatment. Talk to your doctor about the risks present with each device and how you can minimize those risks.
Work with an Experienced Chicago Medical Malpractice Lawyer
If you have been injured because of a medical device malfunction, a poorly-designed medical device, a physician’s negligence when prescribing treatment with the device, or a hospital’s failure to comply with a product recall, you could be entitled to monetary compensation for your damages related to the injury. To learn more, contact our team of medical malpractice lawyers (baizlaw.com/practice-areas/medical-malpractice) at Baizer Kolar, P.C. today to schedule your initial legal consultation with us.