Injured By a Defective Medical Device? Frequently Asked Questions You Might Have


Whether you're suffering from a lifelong illness or were recently injured in an automobile accident, you depend on your doctor to provide you with a medical device to improve your quality of life. However, what happens when that medical device makes your life even worse? If you were recently injured or sickened by a medical device, you might have a strong product-liability case. Here are a few frequently asked questions you might have if your health and life were threatened by a defective medical device:

What Exactly Is a Medical Device?

Before you file a claim against a manufacturer, your doctor, or a hospital, you need to find out whether the implement you were provided is classified as a medical device. According to the Food and Drug Administration, FDA, in order for a device to legally be classified as a "medical" device, it needs to meet certain criteria. For example, the device must be officially licensed and recognized in the United States Pharmacopoeia or be used to cure, prevent, or treat a condition or disease.

If this sounds confusing, don't worry, because you're not alone in your confusion. If you're not sure whether or not the device that caused the injury is technically classified as a "medical" device, the best thing you can do is contact a personal-injury attorney. Your attorney can help you determine the legitimacy of your case and help you figure out what you can do to receive the compensation you deserve.

Do I Have a Case?

In order for you to hold the manufacturer of the device liable, your attorney must prove the product was defective. Typically, your case will fall under any of these three categories.

  • Manufacturing error—If the medical device was poorly manufactured or was damaged during the manufacturing process, this is considered a manufacturing error and can be grounds for a lawsuit against the maker.
  • Design error—Sometimes, the medical device will be manufactured correctly, but the original design was flawed in some way. Often, this type of product will work initially but will begin to malfunction after it has been used by doctors for several years.
  • Marketing issue—In the terms of a defective medical device, marketing refers to the instructions provided to either you or your doctor or to a lack of warning labels that could have saved the patient from a serious injury.

For you to have a case, your attorney must prove that the medical device was defective when it was designed, manufactured, or marketed. Additionally, if the hospital or doctor that prescribed the device knew that it was defective and allowed you to utilize it anyway, they can also be held liable.

It can be difficult to prove fault, especially if you are the only person who was injured by the device. That is why it is critical that you hire an attorney to help you with your case.

What Should I Do If I'm Injured or Sickened by a Medical Device?

Finally, if you are ever injured by a medical device, it is vital that you first inform your doctor. Additionally, in order to strengthen your case, it is important that you document your injuries. For example, write down when you began noticing the symptoms, and if there are any visible injuries or symptoms, document them by taking photos.

The next critical step you need to take is to contact a personal-injury attorney. The more quickly you contact a lawyer, the faster you can begin seeking the compensation you deserve for your pain and suffering.

Suffering an injury because of a defective medical device can devastate your life, but you don't need to go through this painful experience alone. Don't hesitate to contact an attorney, such as one from Burke Schultz Harman & Jenkinson Attorneys at Law, to help you determine your options and answer all of your questions. 


14 December 2016

Consulting with an Accident and Personal Injury Lawyer

Ten years ago, I was injured in a car wreck while commuting to work. When a driver rear-ended my car, I hurt my back. Unfortunately, I had to undergo a couple of weeks of physical therapy. Even after receiving physical therapy, my back never felt as good as it did prior to the wreck. Have you been injured in a car wreck recently? Consider talking with an experienced accident and personal injury lawyer. This type of attorney can help you decide whether filing a lawsuit is your best course of action to take. On this blog, I hope you will discover the benefits of speaking with an accident and personal injury attorney soon after getting injured in a car wreck. Enjoy!