Medical devices are specifically designed for medical purposes and are used to diagnose, treat or monitor a patient suffering from a particular disease or disability and improve the patient’s quality of life. Not all devices are properly tested before being marketed to consumers. In some cases, a medical device may cause serious injury or harm to a patient, and some injuries may even lead to death.
So, how do you know if a medical device is defective, or if you’ve been injured by a defective medical device? What course of action should you take if you have indeed been injured?
If you or a loved one has suffered injuries as a result of a defective medical device, contact Attorney Group for more information about your options. Affected patients and their families may be able to file a lawsuit and recover damages with the help of a defective medical device attorney.
We offer free, confidential, no obligation consultations. We can help answer your questions, and if you choose to pursue a case we can connect you with an affiliated defective medical device attorney who can assist you throughout the legal process.
Common Medical Devices
Common medical devices include:
- Intrauterine devices (IUD) – IUDs are small, T-shaped contraceptive devices inserted into the uterus to prevent pregnancy.
- Transvaginal mesh implants – These implants are net-like devices used to treat pelvic organ prolapse and stress urinary incontinence in women.
- Metal-on-metal hip replacements – Metal-on-metal hip implants are a type of hip implant in which the ball and socket components of the device are entirely made of metal.
- Power morcellators – These electric surgical devices are used in laparoscopic surgical procedures (such as hysterectomy or a myomectomy) to cut up large chunks of tissue into smaller pieces.
- Hernia mesh – Hernia mesh, or hernia patch, is a loosely woven sheet made from synthetic or organic material used to provide additional support to weakened or damaged tissue caused by hernias.
- IVC filter – An IVC filter is a small, cone-shaped device implanted in the inferior vena cava used to catch blood clots and block their migration to the heart or lungs.
In the United States, medical devices range from simple instruments such as tongue depressors to more complex machinery such as pacemakers and programmable computer software.
Defective Medical Devices
Technological advances in medicine and the healthcare industry strive to give patients the best care possible, including the latest in medical device technology. Most products and their manufacturers want to genuinely improve the quality of life of their patients; however, some medical devices are not as safe and effective as others and can potentially cause injury or harm even when used correctly.
Patients who have suffered complications due to a defective medical device may require additional surgeries to correct any damages allegedly caused by the defective device, possibly resulting in added complications and high medical bills.
Medical device manufacturers have a legal responsibility to ensure that their products are safe for consumer use. Sometimes medical devices are put on the market without proper testing as companies are looking to boost sales and maximize profits.
Some medical devices such as knee and hip implants and permanent birth control devices are approved through the U.S. Food and Drug Administration’s (FDA) 510(k) program, a premarket device proposal which seeks to demonstrate that the device to be marketed is at least as safe and effective as an already legally marketed device. As a result, some patients may end up using a device that has been poorly tested.
What Should I Do If I’ve Been Injured by a Defective Medical Device?
If you think your medical device is defective and has caused injury, you should talk to your doctor or health care provider as soon as possible. You might also consider reporting the medical device to the FDA’s voluntary reporting program or to the manufacturer.
In some cases, your health care provider or the FDA will not be able to help you beyond treatment to alleviate your injuries and reporting of the medical device in question. If you think you might need to pursue legal action, personal injury attorneys can help you file a claim against the manufacturers of the devices for physical, emotional, and psychological pain and suffering.
The Time You Have to Pursue a Claim is Limited. Contact Us Today.
For more information, contact Attorney Group. After you contact us, an attorney will follow up to answer questions that you might have.
There is no cost or obligation to speak with us, and any information you provide will be kept confidential.
Please note that the law limits the time you have to pursue a claim or file a lawsuit for an injury. If you think you have a case, you should not delay taking action.