Medical devices are used at home, doctor’s offices, surgical facilities, nursing homes, hospitals, and other medical facilities. For most people, medical devices improve their daily lives. For other individuals, a medical device was a life-saving tool. However, what happens when defective medical devices cause injuries or deaths?
What Is a Medical Device?
A medical device is a device used to treat or assist a medical condition, injury, or illness. Therefore, the term “medical device” covers millions of items used by medical providers and consumers each day. A tongue depressor could qualify as a medical device.
Who is Responsible for Defective Medical Devices?
Defective medical devices generally fall under product liability claims. Therefore, manufacturers and other parties responsible for designing, manufacturing, and distributing the devices could face liability for injuries caused by defective medical devices. Parties who might be named as defendants in a lawsuit related to defective medical devices include:
- Medical scales representatives
- Testing facilities
- Medical suppliers
- Hospitals, doctors, and medical providers
The parties who might be liable for damages caused by defective medical devices depend on the defect. For instance, designers are generally liable for design flaws, while manufacturers are liable for errors and mistakes that create defects during the manufacturing process.
However, advertisers, distributors, and sales representatives could be liable if there are insufficient warnings, inadequate instructions for use, or false advertising. If a medical provider or hospital knowingly uses a defective medical device, that part could be named in the lawsuit.
Injuries and Damages Caused by a Defective Medical Device
The types of injuries caused by a medical device depend on the device, the defect, and the patient. Examples of injuries associated with defective medical equipment include:
- Chronic pain
- Heart attack
- Kidney damage
- Organ loss
- Tissue damage
- Permanent disability
- Wrongful death
The damages caused by a defective medical device can include medical expenses and loss of income. Damages also include physical pain and suffering, emotional distress, and loss of quality of life. If the device causes a disability or impairment, the person may receive compensation for the impairment and future damages caused by the disability.
What Should You Do If a Medical Device Injuries You?
If you suspect a defective medical device caused your injury, seek immediate medical attention. Tell the doctor everyone about your injury, including all symptoms and complications. If necessary, see a specialist to ensure you receive the treatment you need to prevent further injury.
Preserve as much of the defective device as possible, including the packaging, instructions, manuals, and other documentation. Document your injuries with photographs, if possible. Keep copies of all medical records, bills, receipts, and other evidence of your physical damages and financial losses.
Contact a New Orleans Medical Device Attorney Now
Attorney Fred Olinde and the team at The Olinde Firm handles claims involving defective medical devices. We have substantial experience investigating claims involving medical equipment and fighting to hold the parties responsible for your injuries liable for your damages.
Contact our law firm by calling (504) 587-1440 or 1-800-587-1889 to request your free consultation with a New Orleans product liability lawyer.