Medical devices are intended to protect your health and improve your quality of life, not cause you harm. Unfortunately, that doesn’t always happen, and some devices can fail, leading to painful complications and potentially serious health issues.
If you’ve been harmed after using or receiving a medical device, you may be wondering if the device itself is to blame. This quick guide from Willcox, Buyck & Williams, P.A., can help you determine when that might be the case, and what your legal options may be.
What Counts as a Medical Device?
The term “medical device” covers a wide range of products regulated by the U.S. Food and Drug Administration (FDA). These include:
- Implants and Prosthetics: Including artificial hips, knee replacements, pacemakers, heart stents, and dental implants
- Surgical and Hospital Tools: Like catheters, infusion pumps, ventilators, surgical staplers, and robotic surgical systems
- Diagnostic Equipment: Including heart monitors, imaging machines, glucose monitors, and pulse oximeters
- Everyday Products: Such as CPAP machines, hearing aids, digital thermometers, and home oxygen equipment
In short, any product that helps diagnose, treat, or prevent a medical condition falls under the category of “medical device.” While some medical devices have a higher risk potential than others, any one of them can cause harm if it’s defective or misused.
Types of Defects That Can Cause Injury
Not every injury linked to a medical device is caused by a defect, but many are. Three main types of defects can lead to harm:
- Design Defects: The device was unsafe from the start because of the design or concept. For example, a hip implant designed with weak materials could fracture under normal use, causing serious injury.
- Manufacturing Defects: The product was designed safely, but made incorrectly, perhaps due to contaminated materials or assembly errors. For instance, a pacemaker assembled with a faulty battery could fail prematurely, leading to heart complications.
- Failure to Warn: The manufacturer did not adequately warn about potential risks or side effects. For example, a glucose meter might give dangerously inaccurate readings if users aren’t warned about testing on wet or dirty hands.
How to Tell If the Device is to Blame
It’s not always apparent that a medical device caused an injury. However, certain warning signs can suggest that the device is responsible. Look for the following:
- You experience new or worsening symptoms soon after receiving or using the device.
- You experience a new or recurring infection after receiving an implant.
- Your doctor can’t find another clear cause for your condition or injury.
- The device malfunctions, breaks, or needs replacement sooner than expected.
- You learn that the device has been recalled or linked to similar injuries in other patients.
If any of these apply to you, it’s essential to seek medical attention right away. Prompt medical care can not only protect your safety, but it also creates official documentation linking your injury to the medical device should you choose to pursue a personal injury claim.
How an Attorney Can Help
Medical device injury cases can be complicated and challenging to handle independently. A skilled attorney can help by:
- Investigating whether your device has known issues or recalls
- Working with medical and engineering experts to prove the defect
- Handling communications with insurance companies
- Calculating your full compensation
- Negotiating for a fair settlement
- Representing you in court, if an appropriate settlement cannot be reached
Contact a Personal Injury Attorney Today
If you believe a defective medical device has caused you harm, you need an experienced personal injury attorney to protect your rights. The team at Willcox, Buyck & Williams, P.A., will investigate the product, determine who may be responsible, and fight for the accountability and compensation you deserve. Contact us today for your free consultation.