Each year, the medical device industry brings in nearly $85 billion. While medical devices can be life-altering, even life-saving, they may also cause serious complications. When a physician chooses the wrong medical device for a patient’s needs, fails to consider underlying medical conditions, or uses the device improperly, the result may be serious injury or death. Occasionally, there is a flaw with the device itself, making it dangerous for use regardless of how careful the physician and other medical personnel may be.
Medical Device Product Liability
Medical devices bring to mind modern technology, but in fact implants date back to ancient Egypt. Even the sort of devices we employ today have been in use for more than 100 years, although the number, complexity and effectiveness of those devices has obviously increased since the 1800s.
Of course, the widespread and rapid growth of the industry has also introduced the opportunity for new risks and complications. Many medical devices have been recalled after proving dangerous for any use, or unfit for a large sector of the population they were intended to treat.
In these cases, medical malpractice claims may arise against the physician who chose and/or used or implanted the device, but the injured person or the family of a deceased patient may also have a product liability claim based on:
- Defective design
- Defective manufacturing
- Failure to warn or marketing for inappropriate use
If a product falls under any of these categories, the manufacturer, seller or distributor may be financially liable for any injuries.
Tampa Medical Device Malpractice Claims
While the advance in medical device technology means better products are being produced, human error will always be a limitation. When a doctor or other healthcare professional makes an error while selecting or putting in a medical device, the provider may be liable for associated injuries. Some common types of malpractice related to medical devices include:
- Failure to properly sterilize a device is a common cause of infection, and may cause serious illness or even death.
- Prescribing the incorrect device or using a device when it isn’t the standard medical treatment for the medical condition.
- Errors while implanting the device, resulting in injury or ineffective operation of the device.
- Failing to properly monitor progress with the device, leading to complications or worsening of the medical condition being overlooked.
A Medical Device Injury Lawyer Can Help
If you or a loved one has suffered an injury due to a faulty medical device or a doctor’s negligent actions, you may have a medical malpractice claim, a product liability claim, or both. Our lawyers have the skill and knowledge you need in your corner during this time. Why not schedule a free consultation to learn more about the compensation you may be entitled to receive?
There Is a Time Limit to File Your Claim
Florida law limits the time during which you can file a lawsuit. The time limit varies depending on the type of suit, and in a medical malpractice case, there are additional possible variations. The best way to ensure that you don’t lose your rights is to speak with a personal injury attorney as soon as possible.
In addition to the legal time limits, there are advantages to acting quickly after an injury. As time passed, it may become difficult to locate key witnesses, and recollections of the event may not be clear. Documentation and physical evidence may be lost or destroyed. Give your attorney the best possible tools to help you by starting as soon after the injury as possible.
Call 1-800-253-5523 or fill out the free consultation form on this page to start protecting your rights today.