Get subscribed to our newsletter
Get interesting updates to your email inbox.
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
- Insulin pumps
- Transvaginal mesh
- 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.
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.
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.
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.
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.
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.
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.]
The Supreme Court on Tuesday agreed to examine a seeking direction to the Election Commission to de-register a political party, which fails to comply with the court's direction to disclose criminal antecedents of candidates fielded in polls. Advocate Ashwini Upadhyay requested a bench headed by Chief Justice N.V. Ramana and comprising Justices A.S. Bopanna and Hima Kohli to list the petition urgently, against the backdrop of the ongoing election process. He contended that nomination for the first phase of the Uttar Pradesh Assembly election has started, and the political parties and candidates are brazenly violating the top court judgments.
After briefly hearing Upadhyay, the bench said: "We will consider it... will give a date".
The plea argued that allowing criminals to stand for election threatens democracy and secularism. | Wikipedia
The plea claimed that the cause of action for filing the plea arose after the Samajwadi Party fielded alleged gangster Nahid Hasan from Kairana but neither published his criminal records in electronic, print and social media nor the reason for his selection within 48 hours. On February 13, last year, Shamli police imposed the Gangster Act on Nahid Hasan, who is a two-time MLA from Kairana. "He (Hasan) has multiple criminal cases and is the 'mastermind' behind the Hindu exodus from Kairana. There are many criminal cases including fraud and extortion, and he was declared a fugitive by Special MLA-MP Court," the plea said.
The plea argued that the consequences of permitting criminals to contest and become legislators are extremely serious for democracy and secularism. The plea sought a direction to the Election Commission to take steps to ensure that every political party publishes the details regarding criminal cases of each candidate along with the reason for such selection on the homepage of its official website in bold letters within 48 hours in the spirit of top court orders passed on September 25, 2018, and February 2, 2020. (IANS/ MBI)
(Keywords: uttar pradesh assembly election, hima kohli, justices a.s. bopanna, chief justice n.v. ramana, political party, election commission, the supreme court, tainted candidates, action, plea)
There will be no chief guest at the Republic Day parade this year also as the plan to host state heads of five Central Asian countries -- Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan -- seems to have been cancelled due to the Covid situation in India as well as in the respective nations. Though the Ministry of External Affairs is yet to confirm this officially.
If the guests arrive, then this would be the second time when India hosts a group of state heads as the chief guests on the Republic Day. In 2018, state heads of ASEAN countries graced the occasion with their presence. Apart from Kazakhstan, none of these countries' state heads had been invited as the chief guests on the Republic Day. In 2009, Kazakhstan's then president Nursultan Nazarbayev was the Chief Guest.
The Government of India is in no mood to take any risk to invite any foreign guest.Unsplash
As per sources, due to the corona situation, the Government of India is in no mood to take any risk to invite any foreign guest, so the plan seems to have been cancelled. Last year, British Prime minister Boris Johnson was invited for the same, but later cancelled due to rising corona cases in the UK.
In the past, there have been occasions when the Republic Day ceremony was celebrated without any foreign guest. In 1966, there was no foreign chief guest in the Republic Day parade ceremony as the then Prime Minister Lal Bahadur Shastri had passed away in Tashkent in January, and Indira Gandhi took oath as Prime Minister on January 24. (IANS/SP)
(Keywords : chief, guest, Republic Day, parade, India, January, pandemic, 2022, host, nation, guest, invite, foreign, occasion, presence, celebrate.)
A team of scientists from the Banaras Hindu University (BHU) have found a cure for those suffering from chronic wounds, particularly with diabetic foot ulcers. The team led by Prof Gopal Nath of the department of Microbiology, Institute of Medical Sciences, said that wounds that took months and years to heal, could now be cured in days or months. The findings of study have been published in the National Centre for Biotechnology Information, National Institutes of Health, US.
Prof Nath said that a wound is defined as a breach in the skin or body tissues due to injury. An acute wound is defined as a "recent break that is yet to progress through sequential stages of healing". The wounds where normal healing process is stalled due to underlying pathology (vascular and diabetes) or infection beyond three months is defined as chronic wound. While chronic wounds always get infected, the contaminated wounds are reasonably susceptible to infection.
A significant improvement could be achieved in the form of complete wound epithelization within a few weeks.Towfiqu barbhuiya / Unsplash
Infection with antibiotic-resistant bacteria and biofilm formation halt healing progress. These wounds cause significant psychological and physical morbidity. The traditional treatment strategies often succeed in healing wounds, he said adding that many wounds have been observed recalcitrant to them, leading to persistence and recurrent infections. Search for alternatives to antibiotics has now become a compulsion. Fortunately, bacteriophage therapy is a re-emerging solution to antibiotic-resistant bacteria.
Prof Nath's team carried out phage therapy of acute and chronic infected wounds in animals and clinical studies. It showed efficacy against Pseudomonas aeruginosa in a mice wound model. Furthermore, they evaluated the efficacy of phage cocktails in animal models' acute and chronic osteomyelitis caused by methicillin-resistant Staphylococcus aureus. They also observed biofilm eradication from K wire in rabbits' wound infection model. Clinical trials of phage therapy initiated by the BHU have reported the efficacy of topical phage in healing chronic wounds in three prospective exploratory studies and no adverse events mimicking the results in vivo animal models.
Scientists have found a cure for those suffering from diabetic foot ulcers. Unsplash
A clinical study by Gupta demonstrated the significant role of bacteriophage therapy in the chronic wounds associated with antibiotic-resistant bacteria. The study employed a total of twenty patients with chronic non-healing ulcers for more than six weeks duration. A significant improvement could be achieved in the form of complete wound epithelization within a few weeks. Another study, employing 48 patients having a minimum of one eligible full-thickness wound that did not heal in six weeks with convention wound management, showed the promising result, and significant improvement was observed in the wound healing.
The study projected that specific phage therapy is equally effective regardless of the diabetic or non-diabetic status of the patient though the healing was relatively delayed in diabetic patients. Another successful study has shown encouraging results on healing process of infected acute traumatic wounds. The average number of days required for complete granulation of wounds and attaining sterility and healing was half compared to conventional therapy. (IANS/SP)
(Keywords : scientists, cure, chronic, wound, suffer, ulcer, diabetes, healing, pathology, health, infection, bacteria, study, patient, therapy, successful.)
- Cheap source of Electricity? Indian Scientist makes a Cell that can ... ›
- IIT-Kanpur scholar wins Young Geospatial Scientist award ... ›