Understanding Liability For Faulty Medical Devices
Personal injury cases vary in complexity. When someone is injured in a motorcycle accident, great attorneys view every detail before determining who is liable for your damages. For example, they may study everything from the traffic signs near the scene of the accident to the type of equipment you wore. Did your helmet protect you the way it was intended to? Did a traffic light malfunction?
Fault and liability may be difficult to determine without investigating the specifics of your case. The same logic applies to faulty medical devices. Look at the Medtronic MiniMed insulin pump. In 2018, more than 1000 of these devices were recalled because it was discovered that hackers could take over your remote control. The FDA explained how this could potentially kill someone. There could be a wide range of people who may be liable for injuries you sustained because of this device:
- The doctor who recommended it as a course of treatment
- The companies who created the product
Determining liability depends on the specifics of your situation.
Why Doctors Could Be Liable
It isn’t uncommon for doctors or other medical professionals to have relationships with the people who sell and distribute these devices. Doctors may also have a financial incentive to recommend one device over another. In many cases, the patient receives a course of treatment and has a higher quality of life—but that doesn’t apply to everyone.
Another element to look at is whether you should have received the device at all. This would fall in line with a misdiagnosis, and your attorney would likely pursue damages from the physician who didn’t provide you with the correct medical care. Additionally, the medical device may be fully functional but was improperly installed by a surgeon or other medical professional.
Companies Who Produce The Equipment
Companies that create medical devices may spend years researching and developing their product. Their ability to recoup the amount of time and money they invested into research and development may not be recouped until the product is produced and is on the market. They may also hold a patent on the technology being used.
Did the salesperson misrepresent the product? Was it put on the market too soon? These are valid questions your attorney will look at when determining liability. There are scenarios in which multiple parties are at fault. Some issues tied to medical devices may take years to develop. For example, after years of use, the FDA may find a link between a product such as breast implants and increased risk of certain cancers—which has happened.
Silberstein, Awad & Miklos, P.C.
In the last thirty years, Silberstein, Awad & Miklos has prosecuted almost a thousand medical malpractice cases. We have the experience and the proven track record you need to get the compensation you deserve. Our attorneys are committed to serving you and will even meet you at your home if you choose. Contact our office today to schedule a free consultation.