Many people depend on medical devices every day to maintain their health or save their lives. If it were not for a medical device, many people would not be with us, or they would not have the same quality of life. However, when a medical device is defective, the results can be devastating for the patient and the family. In some cases, the patient or the family may have a legal cause of action for damages against one or more parties.
What Qualifies as A Medical Device?
A medical device is any tool or machine used by a medical professional to diagnose or treat an injury, illness, or disability. Examples of medical devices include:
- Hip and knee replaces and other implants
- Pacemakers and stents
- Dialysis machines
- Contraceptive devices
- Defibrillators and ventilators
If you are unsure if a device qualifies as a medical device, contact our New Orleans defective medical device attorneys for a free case evaluation by calling (504) 587-1440 or 1-800-587-1889.
What Makes a Medical Device Defective?
There are several ways a medical device can be defective. The first way is because of a design defect. A flaw in the design of the device causes the device to be harmful or dangerous, even if the device is manufactured and operated correctly. Another way the device can be defective is because of a manufacturing defect. Mistakes are made during the manufacturing or shipping process that result in an item causing harm to a patient. The third way for a medical device to be considered defective is if the device is marketed for a use other than its original intended use. This would also include a failure to include warnings of potential risks to the patient.
When a defective medical device causes an injury, the patient may have a legal claim against one or more parties. The responsible parties depend on several factors including the type of defect and where in the process of design to use the defect originated. Examples of entities or individuals that may be held responsible for a defective medical device include:
- Product designer
- Retailer or wholesaler
- Testing lab
- Device sales representative
- Doctor or other medical professional
It is important to determine who is the responsible party because only that party can be held liable for damages. You must prove that the device is defective and the defect resulted in your injury to receive compensation for your injuries, losses, and damages.
Call A New Orleans Defective Medical Device Attorney
If you believe you have been injured by a medical device, it is very important that you take action to protect your legal right to recover compensation. Keep all of the parts, instructions, and packaging if the device is used in your home and contact our office as soon as possible. You have a limited time to file a defective device claim. Do not delay in contact a New Orleans defective medical device attorney. Your delay could result in the loss of your right to recover compensation from the parties responsible for your injuries.
Call Attorney Fred Olinde of The Olinde Firm today for a free, no-obligation case evaluation. It does not cost you anything to get answers to your questions and legal advice regarding a defective medical device claim. Contact our office by calling (504) 587-1440 or 1-800-587-1889 to schedule a free legal consultation.