Defective Medical Devices

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hip-deviceEven though medical devices are tested extensively by the FDA (Food and Drug Administration) there are times when unanticipated problems. All medical devices go through several steps and requirements before being made available on the market. Pre-approval and final approval by the FDA are required before medical devices can be manufactured and sold.

The intention behind developing, designing, manufacturing and approving state of the art medical devices is to provide the patients with safety and effectiveness. Patients have confidence in doctors, the FDA, medical device sales reps, and the manufacturers that directly design, test and market these revolutionary products. Unfortunately, nothing in life is 100% free from risk. When a patient is directly injured or harmed by a medical device there are steps that can be taken for reciprocity.

There are three steps that can be taken if you or someone you know has been injured by a faulty medical device.

1. Investigate and examine your legal alternatives: Suing a company or a medical manufacturer might an intimidating option. It is a legal right for a patient to be represented in order to receive compensation for the pain and suffering a defective medical device might have caused. The legal process can also insure protective measures for other patients using the same medical device in the future. In times past, too many patients who have opted to employ a medical device before being informed about the negative effects or risks of injury until they experience the consequences themselves. Often times, someone might not know anything about the faulty device until a public recall takes place.

2. Select an experienced lawyer: Lawyers come from all types of backgrounds and education specialties. It is especially important to seek legal counsel from an attorney that specializes or has experience in defective medical devices. Weigh out the options and seek help from a personal injury attorney. Personal injury lawyers have experience in pharmaceutical and medical device litigation. They are familiar with liability laws and will be able to investigate the responsible party. A qualified, professional, injury lawyer can help determine whether or not the case has merit. They will be able to be a valuable advocate in the fight for compensation issues caused by pain, hospital expenses, doctor bills, lost wages and rehabilitation.

3. Act promptly: As with most situations concerning the law it is important to act in a timely manner. If you suspect or are certain that you have been injured by a medical device it is important to contact an attorney promptly. Often times the state you reside in has limitations that prevent legal action if not acted upon in a timely manner. This is another reason to obtain a reputable attorney that is familiar with the state laws.

Medical lawsuits are not narrowed to just faulty medical devices. This includes faulty parts on motorized vehicles such as SUVs, ATVs and or automobiles. Liability lawsuits can be filed for injury and can even include lawsuits and filing of wrongful death. If you or a loved one has been injured or have lost their lives due to faulty devices, negligence of medical providers, or manufacturers, it is important to contact an attorney that is well educated with the laws in the state where you reside.
With medical advances and state of the art technology, medical devices have been saving lives and are being generated at a rapid speed more now than in past years. However, even with the state of the art technology, mishaps and errors are still made that are risking injuries or even death to patients. It may be due to contamination of devices by bacteria and germs, negligence of the manufacturer or a defective design.

Medical “marketing” can even fall into the defective category. This includes any device that was marketed to the patient with or without a warning, or adequate instruction on the proper usage of the device. This can be a recommendation by a hospital, doctor, sales representatives, or other medical providers. The marketer or sales rep may also be held liable for advising patients, doctors and other providers on the device that caused injury.

Due to the increase of popularity in the fast up and coming medical world, devices are often rushed or tested too quickly to get them out on the market. Doctors and other medical providers may be unaware of the side effects or risks that a particular medical device may have on a patient and be unknowing of the complications that may exist.

Producers of the medical devices must go through a thorough investigation of their device by the FDA (Food and Drug Administration) in order to be approved and sold on the market. Even though devices are extensively tested and researched, negligence and faulty devices still occur. Manufactures have to have pre-approval and even if the FDA approves the device it does not guarantee they are safe. However, if there is a defective device or an oversight of the defect, in the end it’s the manufacturer’s liability.

If the product is defective it is the manufactures job to notify the public and the FDA of the health risks associated with the device. Not notifying the FDA in an appropriate time frame makes them responsible for any injuries, illness, or loss of life that occurred with transplants of their medical device. Medical devices are implanted in millions of patients annually from hip replacements, ear tubes, heart stints, brain stints and even life support systems. The main goal of the implant is to help gain a healthier, stronger, quality of life, when in fact a faulty device can do the exact opposite.

Having a defective or recalled medical device can require additional surgeries to replace, remove or fix the device. This will require time, discomfort, and more medical expenses. Patients hope and believe these implants will regain their lives back, until they go faulty or defective. Many times devices make it to the market without the anticipation of the side effects the patient may encounter.

It is encouraged if you or someone you know has been injured by a medical device to seek legal counsel. Medical attorneys are familiar with the complexity of litigation and to help avoid any more suffering you may be experiencing either physically or emotionally. An experienced attorney can help you receive the compensation you rightfully deserve.

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