Defective Medical Devices: Know Your Legal Rights

Types of Defective Medical Device Injuries

Have you or a loved one been harmed by a medical device that was supposed to help, not hurt you? Unfortunately, this is an all-too-common occurrence these days. Defective or malfunctioning medical devices can cause life-altering injuries and even death. As a consumer, you put your faith in these companies and their products to safely treat medical conditions, but sometimes their desire to turn a profit overrides patient safety. 

Catania & Catania Injury Lawyers say if you’ve suffered damages from a faulty medical device, you need to know you have legal rights and there are paths to pursue justice and compensation. While no amount of money can undo the harm, it can at least help cover medical bills, loss of work, and ease the financial burden caused by corporate negligence. The companies that make and distribute these devices must be held accountable when they fail to ensure safety and quality. You didn’t consent to being injured by a product that was supposed to heal you.

Legal Recourse for Victims of Faulty Medical Devices

When a medical device fails or is defective, it can cause serious harm. There are a few common types of injuries to be aware of:

•Burns and electric shocks. If an electronic device like a defibrillator or insulin pump malfunctions, it may overheat or deliver unintended electric shocks that burn your skin or tissue. 

•Allergic reactions. Implanted devices like joint replacements or pacemakers contain metal alloys and other materials that some people can have adverse reactions to. Rashes, swelling, and other allergy symptoms may appear.

•Device failure or malfunction. An artificial hip or heart valve, for example, may stop working properly, come loose or break apart, requiring immediate surgery to repair or replace it.

•Internal damage or bleeding. Defective stents, catheters or other tools can perforate organs, blood vessels or tissue during a procedure, leading to hemorrhaging or other trauma.

•Infection. Any time a foreign object is implanted in the body, it carries a risk of infection if not properly sterilized or if its design allows for bacterial growth. Infected devices typically must be removed.

The companies that make and market these medical devices have a responsibility to ensure their safety and effectiveness. If you’ve been harmed by a defective product, you may be entitled to compensation. Speaking with a product liability lawyer regarding your legal rights and options is advisable. Your health and safety should be the top priority.

Steps to Take if You’ve Been Injured by a Defective Medical Product

If you’ve been injured by a faulty medical device, the company responsible needs to be held accountable. You have legal rights, and there are steps you can take to pursue fair compensation.

First, gather all records related to your treatment and the device in question. This includes medical bills, correspondence with your doctor or hospital, implant registration cards, and anything else relevant.  These documents will help establish liability and the extent of damages.

Next, report the issue to the FDA through their MedWatch program and contact a product liability lawyer. They can investigate whether the device maker violated safety standards or failed to warn consumers of known risks. If negligence or misconduct is uncovered, you may be eligible to file a lawsuit. 

A few options for legal recourse include:

– Product liability claims: If the device had a manufacturing defect or design flaw that caused harm.

– Failure to warn: The company didn’t provide adequate warnings about dangerous side effects or risks. 

– Negligence: The device maker failed to exercise reasonable care in the design, testing or marketing of the product.

The road to justice can be long, but don’t lose hope. Many victims have found closure and compensation through settlements or winning in court. And by taking action, you could help prevent others from being hurt in the future. No one should suffer because of corporate greed or oversight. You deserve to feel secure in the medical care you receive.