Looking at Medical Devices – the Good and the Bad
Medical devices have helped many people deal with physical conditions and illnesses, saving lives in some cases. While it is right to applaud the efforts that made this possible, it is unfair to place all medical devices under the same umbrella.
Medical device manufacturers are responsible for ensuring the devices are safe and do not cause additional harm to consumers. While most manufacturers take precautions, others do not do enough or rush the medical devices to market, not taking the time to evaluate them thoroughly.
How Are Medical Devices Different From Other Forms of Treatment?
Medical devices, unlike medication, usually involve surgery. Pacemakers, transvaginal mesh and breast implants are all placed in the body. This single attribute not only distinguishes them but also makes problems with the device more difficult to mitigate. That means that the person’s health status may be placed in jeopardy. In some cases, these issues are present for a time before the link to the medical device is discovered.
On occasion, profit-making attitudes propel some manufacturers to overlook suspected or existing problems with a medical device as it moves to the marketplace. For the same reason, some companies refrain from recalling a medical device even if it is apparent it should be taken off the market.
Putting Medical Devices on the Market Too Quickly
In some cases, the medical device is rushed to market before adequate testing and follow-up are done. The biggest problem is the ability to hold the companies up to the rigid standards the FDA requires. When the medical device is rushed to market, the possibility of patient harm increases exponentially.
Making Doctors and Patients Aware of Medical Device Defects
The public and the medical community need to be aware of medical device problems and recalls. Yet, this is not always approached with the same gusto seen when the product is first placed on the market. By judiciously alerting both groups, the product may be subject to increased legal lawsuits, and patients may wait too long to deal with the problematic device.
How to Hold a Manufacturer or Other Entity Liable for Defects
Louisiana uses strict liability for problems with defective products. Under this doctrine, the manufacturer of a product is responsible for any harm done to a consumer by a product. The manufacturer/seller is responsible whether or not they were negligent.
The injured individual must prove that the device was defective and that the defects were responsible for their injuries. In addition, the injured party must show that they were unaware of the defects before the injury and that the product was not altered in any way.
How a Medical Device Lawyer Can Help
Proving that the medical device is defective requires the legal insight and investigative prowess an experienced lawyer can provide. Whether it is Ethicon PhysioMesh or a Paragard IUD Birth Control or any other device, the lawyers and investigators at the Olinde Law Firm provide assistance to many. Call us at (800) 587-1889 for a free case evaluation. If it is easier for you, contact us online.