Over the last 100 years, thousands of different medical devices have helped patients recover from injuries, improved mobility, and even saved patients’ lives. Unfortunately, not all medical devices are created equally. We expect medical devices to improve our lives, not worsen our medical conditions or injuries or even cause new chronic conditions. Knee replacements, hip replacements, heart stents, and hearing aids are among many types of medical devices that can cause injuries due to design defects or manufacturing errors.
If you or your loved one have been injured by a medical device that was supposed to help you, you may be entitled to compensation through a product liability lawsuit. The first step in recovering compensation is investigating your case and determining which party or parties can be held liable for your injuries. To hold a company liable, the plaintiff must prove that a design defect, manufacturing flaw, lack of proper marketing and warning, or other defect caused his or her injury. Depending on your case’s facts, multiple parties may be liable for your injuries.
Medical Device Distributors
The companies that act as retail sales departments for medical devices can be held liable. In some cases, distributors of medical devices will misrepresent the devices when they describe their advantages of the device. They may need to disclose the known risk factors of the medical device fully. In many cases, medical device manufacturers and distributors will only adequately test a product after putting it on the market for consumers.
Multiple medical devices over the years have yet to be analyzed comprehensively, even after patients and doctors complained about the product. In case after case, distributors make a claim that their new product is the best treatment option, and these claims are an exaggeration that can lead to patients being injured. Patients may be able to hold the company that designed the medical device liable if the design is found to be defective. The patient must prove that the defective design caused his or her injuries to recover compensation.
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Physicians
Medical treatment facilities and distributors can unduly influence medical doctors and surgeons to recommend devices that could injure their patients. Not all medical devices are the right treatment option for each patient. When physicians install medical devices improperly or choose to install devices with known problems, patients can suffer severe damage, additional medical injuries, and discomfort.
Hospitals, Clinics, and Other Treatment Facilities
Medical centers that offer patients surgery may decide to quickly start promoting a new medical device without conducting a thorough investigation. They may see the new device as a way to increase their profit margins. Treatment facilities may push patients to get surgeries they do not necessarily need to increase their income. Patients with high-quality health insurance protection may be easily influenced to have a procedure that isn’t the best decision, may not be medically necessary, or when there is a less invasive treatment option available. Hospitals that allow surgeons to use their facilities to perform surgery rarely refuse a surgeon’s request to perform a surgical procedure.
They will usually provide nursing staff and patients with preparation for the procedure. In this environment, mistakes can be made, especially when facilities have a high volume of patients and need more staff members. Hospitals have a significant amount of money to gain by increasing the number of implant procedures they facilitate, often at risk to patients’ well-being. Hospitals have a duty to ensure that the surgeons operating at their facilities meet all relevant ethical and medical standards. If a doctor frequently uses defective medical devices and pushes patients into using devices inappropriately or dangerously, the hospital may be liable for injuries.
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Do you know or suspect a defective medical device has injured you in Alabama? There are steps you can take to recover compensation for your medical expenses, lost income, pain and suffering, and more. The Alabama product liability attorneys at Heninger Garrison Davis are here to help.
You only have a limited amount of time to file a product liability lawsuit. The sooner you reach out to an attorney, the sooner he or she can begin investigating your case. Contact Heninger Garrison Davis today to schedule a free case evaluation and learn more about whether you have a valid legal claim for compensation. You do not need to worry about paying upfront. If you have a valid legal claim, you will only have to pay once we successfully obtain compensation for them through an insurance settlement or lawsuit.
