Defective medical devices cause serious injuries and deaths each year in the United States, including recalled medical devices. If a medical device is recalled, doctors and medical providers should immediately stop using the product and follow the procedures outlined in the voluntary recall or the FDA recall. If a doctor continues to use a recalled medical device, the doctor could share in some liability if the recalled medical device causes injury or harm to a patient.

Recalled Medical Devices and Injuries

The FDA provides information about medical device recalls on its website. A medical equipment manufacturer may issue a voluntary recall if a piece of medical equipment is defective or dangerous. The FDA can also legally require a manufacturer or company to recall a device if the medical equipment is associated with significant health problems or injuries.

In some cases, a recalled medical device may need to be returned to the company. In other cases, the recall may require that the medical device is modified, repaired, or adjusted to correct the defect. It is important for physicians to pay close attention to the list of recalled medical equipment and follow the instructions regarding the recall.

Can a Doctor Be Liable for Injuries Caused by a Recalled Medical Device?

In most cases, injury claims related to defective medical equipment are filed against the manufacturer, distributor, seller, or another party in the chain of production and distribution. However, if a doctor knowingly continued to use a piece of medical equipment that had been recalled, the doctor could be guilty of medical negligence. If the medical negligence led to injuries or harm, the doctor might be liable under a medical malpractice claim.

Identifying the Liable Parties for a Recalled Medical Device

When a piece of defective medical equipment causes an injury, it can be difficult to determine who is responsible for the injury. A New Orleans defective medical device attorney investigates the cause of the injury to determine how the medical equipment contributed to the injury. Using this information, an attorney can identify the party or parties liable for damages caused by the defective medical product.

It is important to take certain steps if you believe a defective medical product caused your injury. Steps to take include:

  • Seek medical attention immediately for your injuries or condition. Notify the doctor which medical device was used.
  • If possible, preserve all evidence by securing the medical device, packaging, accessories, manuals, and instructions in a safe place.
  • Document your injuries by taking photographs.
  • Keep copies of all receipts, bills, and other evidence of financial losses associated with the injury.
  • Contact a New Orleans product liability lawyer as soon as possible. An attorney can help you take the next steps necessary to begin an investigation to hold the parties responsible for your injuries accountable for their actions and negligence.

Contact The Olinde Firm Now for a Free Case Review

If a medical device or dangerous medication caused your injury, contact Attorney Fred Olinde and the legal team at The Olinde Firm for a free case review. Our team of legal professionals has extensive experience handling claims involving recalled medical devices and defective medical equipment.

Call (504) 587-1440 or 1-800-587-1889 to schedule a free consultation with one of our Louisiana product liability lawyers.