Defective Medical Devices

Who is responsible for defective medical devices?

Manufacturing companies are usually to blame for their defective products. However, some special circumstance cases involve other or multiple at-fault parties. To determine who is at fault, there are certain scenarios to consider:

  • Devices used by doctors:
    • Doctors may be liable for implanting defective devices or using malfunctioning equipment outside the board standards.
    • Doctors may be liable for damaging medical devices before using them on a patient.
    • Doctors may be liable for incorrect use or installment of a device or implant.
    • Doctors can be liable for not taking proper measures to ensure their equipment is safe and meets FDA standards.
    • Doctors using defective machinery or devices can be liable for misdiagnosis that is a result of bad equipment.
  • Devices sold by manufacturers:
    • The manufacturer of a defective device can be liable for any damage to patients and/or medical staff using the device.
    • They can be held liable for any failed promise (i.e. ensuring a particular lifespan of any given device, promising their device works in specific situations, etc.).
    • They may be liable for not properly testing each device they supply.

These examples do not guarantee the liability of any doctor or medical supplier but are only to give you an understanding of the responsibility of your doctor and device manufacturer.

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Who should I sue for compensation?

Depending on your exact situation, you can file a claim against your healthcare provider, the medical professional who administered the device or treatment, and/or the company who made the device. Each of these cases requires legal counsel and most likely representation to legally establish fault.

In these cases, it is likely that your healthcare provider and the manufacturer of the device will undergo an investigation into whether or not your medical provider used the device improperly, damaged the device, or failed to replace no longer working equipment. They should also examine whether the device was safe to use when it left the manufacturer and whether the device was tested and approved by the FDA.

Who to contact if you’re injured by a defective medical device

If you have sustained an injury from a defective medical device, you should contact a medical device attorney immediately after having the device removed or replacing the device with a fully functioning one. Your physical well-being is important, and we want to make sure you are safe from any further harm. 

It’s important to hire an attorney with experience with medical cases, and also an attorney with significant medical knowledge. Our attorneys are skilled in medical law and are deeply knowledgeable about the medical field. Attorney Roberto Villasante studied psychology with a focus in neuro-psychology, and his interest in the medical field advanced his knowledge beyond the classroom. Likewise, both he and attorney Claire Bryant Ford have extensive experience handling personal injury cases in general.

With our knowledge and experience, we can help you seek compensation and justice. We offer unparalleled legal medical knowledge and we work with one goal in mind: winning justice for you. If you have been the victim of a defective medical product, don’t wait to get legal advice. Call us today!