According to the Food and Drug Administration, there are approximately 1700 categories of medical devices. The range of medical devices is vast – from tongue depressors, thermometers, pacemakers, heart valves, to medical lasers, x-ray machines and ultrasound equipment. While these medical devices may range from simple to extremely complex, they all are designed with the intention of saving or improving lives. At any given moment, unfortunately, any one of these devices can malfunction. Defects in and/or failures of medical devices prevent the devices from performing as they should, or when negligently maintained, further aggravate the condition of a patient. Sadly, numerous lives have been altered or even lost as the result of a defective medical device.
Who is Responsible for Defective Medical Devices?
More than one party can be held liable when a medical device fails to operate as it should. Some of these parties may be:
- The doctor who used the device – Medical devices are meant to be used in very specific ways and come with instructions for such use. If a doctor fails to follow the manufacturer’s instructions or fails to heed warnings regarding the device, the doctor may be liable. A doctor may also be liable if the doctor is aware of potential dangers of the device but fails to warn the patient of these dangers. Additionally, if the medical device is not maintained properly, the doctor may be liable. When the doctor’s negligence in use or maintenance of the device is at issue, a medical malpractice claim will likely be the proper cause of action.
- The manufacturer of the device – Of course, manufacturers do not intend for their devices to cause harm, but sometimes, a flaw in the device’s design creates a dangerous product nonetheless. In other instances, the device may have been improperly manufactured (for example, the device is poorly constructed or made with inferior quality materials). Where the manufacturer is at fault for an injury, a product liability claim (rather than medical malpractice) is appropriate. Unlike a medical malpractice claim, which places blame on a particular party, product liability is more concerned with protecting consumers from dangerous products put into the general marketplace.
- The supplier of the device – Any party that distributes or sells the medical device is the supplier, such as drug stores or medical supply store. If a defective medical device is sold by the supplier, it may also be a liable party in a lawsuit. In these instances, a product liability lawsuit may be brought.
Seeking Legal Representation
The Miami medical device lawyers at Pita Weber Del Prado have successfully resolved both medical malpractice and product liability claims for their clients. If you have suffered an injury as a result of a faulty or negligently maintained medical device, you need an advocate who not only has the skill and knowledge to pursue your claim, but will also aggressively defend your rights. Call 305-670-2889 today to see how the lawyers at Pita Weber Del Prado can help you.
