Defective Medical Devices: Do You Have A Claim?
When a person goes in for treatment with a medical device, the expectation is that the device will operate exactly as intended. Medical devices can be an effective way to treat certain types of physical ailments, but a defective medical device has the potential to cause an even greater injury, or worse, in an injury victim. If you or a loved one has been injured by a defective medical device in the Houston area, you may have a claim for compensation. At the Gilde Law Firm, our skilled and Houston personal injury attorneys are prepared to review your case and inform you of your legal options. To learn more, call or contact our office today to schedule a consultation.
Common Defective Medical Devices
According to the Food and Drug Administration (FDA), a medical device is any apparatus, implement, contrivance, instrument, implant, machine, or other device used for diagnosing, curing, treating, or preventing a medical condition that affects the function or structure of the body. When a medical device is defective, the mistake usually occurs in either its design or manufacture. A design defect is a flaw inherent in the idea of the device that renders it harmful to patients. A manufacturing defect occurs when the idea for the device is sound, but mistakes are made in its manufacture. Some of the most common defective medical devices include the following:
- Hip replacement implants,
- Knee replacement implants,
- Transvaginal or pelvic mesh,
- IUDs,
- Defibrillators,
- Robotic surgery,
- Hernia patches,
- Metallic bone grafts,
- Pain pump catheters,
- CPAP machines, and others.
Regardless of which medical device is defective, if it has caused you further injury you deserve to hold those responsible accountable for their negligence.
Who is Liable for a Defective Medical Device?
There are many parties who may be ultimately responsible for a defective medical device. The designer or manufacturer may be held liable for problems inherent in the design or in the factory creation of the devices. Hospitals and treatment facilities that utilize a defective medical device in their procedures may be held responsible for a defective device, as might the device distributor. Lastly, surgeons and other specialists that have an expertise in the area where the medical device is being used and that perform the procedures that use defective medical devices may be held partially or wholly responsible for any injuries that result from a defective medical device. If you are interested in learning more about what parties may be responsible for a defective medical device in your case, call or contact our office today.
Call or Contact Our Office Today
When you agree to undergo treatment for a medical device, the expectation is always that the device will help and not harm you. Have you or someone you know been injured by a defective medical device? In Houston, the Gilde Law Firm is prepared to zealously advocate for your right to compensation. Call the office or contact us today to schedule a free consultation of your injury claims now.
Resource:
fda.gov/industry/regulated-products/medical-device-overview
