Never miss a story

Get subscribed to our newsletter


×
If you have been injured by a medical device, there are several different parties who may be liable for your damages. Pixabay

If you have been injured by a medical device, there are several different parties who may be liable for your damages. Who you file a suit against will depend upon the specific details of your case. You may be able to sue the device’s designer or manufacturer. You may also be able to sue a doctor, pharmacy, or hospital. In some cases, you can also sue the sales representative.

When a doctor recommends a medical device, they do so to improve their patients’ health. However, things don’t always go as planned. Far too often, patients are left with injuries, worsening illnesses, and even more medical bills you can’t afford after a device proves to be defective.


About Medical Devices

Medical devices are used to diagnose or treat illnesses. They can also be used to prevent illnesses in the first place. These devices need to be monitored and maintained regularly.

Some types of medical devices include:

  • Hearing aids
  • Defibrillators
  • Insulin pumps
  • Transvaginal mesh
  • Pacemakers
  • Breast implants
  • Hip implants
  • Heart stents
  • Contraceptive devices

Many of these devices require surgery to implant them. When a device is defective, it will require additional surgery to remove and replace it. This is costly and it places the patient at risk. When this happens as a result of a defect, you may want to talk to an attorney about your legal options.


Many of these devices require surgery to implant them. When a device is defective, it will require additional surgery to remove and replace it.

The 3 Types of Defective Medical Device Claims

Although there are other possible defendants in defective medical device cases, the following are the three most common types of claims.

Defective Design

Even if a medical device was manufactured correctly, there could still be defects in its design that makes it dangerous to patients. Design defects can include flaws that make the device not function correctly or function for a shorter period of time than was intended. Either of these factors can lead to injuries.

Defective Manufacturing

There are several factors that can lead to a medical device becoming defective during the manufacturing process. Workers can make mistakes, machines can break down, or the parts of the device could be made from faulty materials. Perhaps the most frightening aspect of defective manufacturing is the fact that doctors may not be able to tell the device is defective.

Defective Marketing

The medical device sales representative may also be liable if they failed to disclose information that could lead to the device not being used safely. They could also be negligent if they failed to fully educate themselves about the potential dangers of the device, causing them to not be able to pass this information on to the doctor.


Medical device Injury are complicated and you should know who is responsible for those.

What You Need to Get Compensation

In order to prove your case, you and your legal team must provide evidence that proves that the device manufacturer or other defendants had a duty of care not to harm you, which then they breached due to negligence. You must also be able to prove your damages and that they happened as a result of the defendants’ actions.

Having an experienced attorney is a must in these kinds of cases because they are so complicated. Your lawyer such as Calhoon and Kaminsky P.C. will be able to identify and locate every possible defendant, bring in expert witnesses, and negotiate with insurance. They also understand the full value of your case, so you won’t risk settling for too little and being left unable to cover your costs.

Also Read: Deforestation Rate In 2019 The Third-Largest in This Century

Many medical device lawyers work on a contingency fee basis, which means they won’t collect their fees until your case is settled or you win in court. You’ll also find that most of them offer free initial consultations. If you’ve been hurt by a medical device, you have nothing to lose and everything to gain by taking them up on it.

[ Disclaimer: The article published above promotes links of commercial interests.]

[ Disclaimer: The pictures used in the article are supplied by the author, NewsGram has no intention of infringing copyrights.]


Popular

Photo by Diabetesmagazijn.nl on Unsplash

Eating fruits is one of the most satisfying ways to tackle sweet-tooth cravings while meeting your nutritional needs.

By Monika Manchanda

Eating fruits is one of the most satisfying ways to tackle sweet-tooth cravings while meeting your nutritional needs. Despite many studies and research on fruit consumption in diabetes, there are a lot of speculations on the right kind of fruit consumption and its relation to blood sugar levels.

Eating seasonal and locally available fruit has many health benefits ranging from reducing sugar and inflammation levels to fighting high blood pressure -- thanks to their abundant vitamins and mineral presence! They are a powerhouse of antioxidants like vitamins A, B, C, E, and minerals like iron, calcium, magnesium, and fiber.

The fruits listed below are not just diabetic-friendly but are loaded with fiber and water content which can slow down the sugar spikes and sugar absorption rate. Apples are not just nutritious and filling; According to a study, they are significantly associated with a lower risk of type 2 diabetes if consumed in moderation. Turns out there is a truth in the old saying, "An apple a day keeps the doctor away", after all!

red apples Apples are not just nutritious and filling; According to a study, they are significantly associated with a lower risk of type 2 diabetes if consumed in moderation. | Photo by Pierpaolo Riondato on Unsplash

Keep Reading Show less
Photo by Priscilla Du Preez on Unsplash

Your monthly round up of the latest lifestyle launches, from luxury indulgences to artisanal creations.

By Nimerta C Sharan

Your monthly round up of the latest lifestyle launches, from luxury indulgences to artisanal creations, here's what you can look forward to :

Bag This
Exciting news for all handbag lovers, luxury fashion house Louis Vuitton recently launched their limited edition handbags 'Artycapucines - Chapter 3'. Six internationally -- acclaimed artists have transformed the black canvas of the timeless Capucines bag into beautiful art pieces. Each bag will be available in a limited edition of 200 and will be released worldwide at the end of October 2021.

white leather shoulder bag on shopping cart Exciting news for all handbag lovers, luxury fashion house Louis Vuitton recently launched their limited edition handbags. | Photo by Erik Mclean on Unsplash

Keep Reading Show less
IANS

Actress Kangana Ranaut has talked about how her weight adjustments for her latest 'Thalaivii' that "messed up many things" in her body

Actress Kangana Ranaut has talked about how her weight adjustments for her latest 'Thalaivii' that "messed up many things" in her body and left her with "permanent stretch marks". For her role in the film, based on the life of late Tamil Nadu Chief Minister and former actress J. Jayalalithaa, Kangana had to gain 20kg and undergo major physical transformation several times.

She took to Instagram to share her experience, detailing that doing all that over the six months period left her with "permanent stretch marks". "Gaining 20 kgs in 6 months and loosing it all within 6 months that too in my thirties messed up many things in my bodya I also have permanent stretch marks as well but art comes to life with a price and more often than not price is the artist him/herself," she wrote.

"Thalaivii" showcases the varied aspects of Jayalalithaa's life, tracing her journey as an actress at a young age to becoming the face of Tamil cinema, as well as the rise of the revolutionary leader who changed the course of the state's politics. Talking about her upcoming works, Kangana currently has 'Dhaakad'.

She is also shooting for her next 'Tejas', where she plays a fighter pilot. The Indian Air Force was the first of the country's defence forces to induct women into combat roles in 2016. The film takes inspiration from the landmark event. 'Tejas' is directed by debutant Sarvesh Mewara. The film will be RSVP's second film which pays a tribute to the Indian military after the immensely successful film "Uri: The Surgical Strike" which was released in January 2019. (IANS/ MBI)


Keep reading... Show less