If you use a device for a medical issue, it’s important that the device is always functioning and doesn’t have any issues that can affect the safety of its use. Some common devices that cause injury are IVC filters, hernia mesh, and artificial joints. However, any defective device can cause issues if there was a manufacturing problem.
For a defective device, you typically won’t file a medical negligence claim. More often, you will claim product liability. This doesn’t have as much to do with the medical care setting, but rather the medical products specifically. If you need help figuring out what to do, talk to a local personal injury lawyer from Lane & Lane, LLC.
You can claim product liability for many different reasons. Most medical devices fall into the category of manufacturing defects. This means the product is not performing as well as expected or the improper manufacturing is causing injuries.
There can also be marketing defects. In the case of defective medical devices, this is when the company fails to provide the consumer with all the medical information they need. It can also happen when medical companies are not honest about the side effects and risks of using the medical device.
If the medical provider also doesn’t know about these risks and defects, they cannot accurately warn the patient about the dangers.
If you decide to make a claim and go before the court, your doctor or medical team can be some of the best witnesses. They can determine if the device was faulty. If you had a surgery to remove the device, the doctor will also be able to explain why the surgery was necessary and how your life or body were in danger.
Keeping a defective device is probably the last thing on your mind after experiencing issues with it. However, having the device could make it easier for you to submit a claim and prove that you were injured by the device.
Doctors who think you have a medical device that is failing will want to remove it immediately. Ask them well ahead of the procedure if they can save it as evidence.
There have been cases in the past where a claim was thrown out because the patient didn’t keep the device and couldn’t verify the defect or the manufacturer. It might seem strange that this outcome can happen when you have a documented injury from a doctor, but it can. Keeping the device is a great way to make your claim stronger.
After talking to your doctor, consider discussing options with a personal injury lawyer. Going to court against a medical company by yourself can be challenging.
If you have an injury from a medical device defect, it may seem like a medical malpractice case, but instead, you’re likely looking at a product liability claim. Consider partnering with a product liability lawyer to help you file your claim and take it before the court.
Find out what option may be best for you by talking with a lawyer at Lane & Lane, LLC. Call
312-332-1400 to reach our firm, or fill out the contact form below.