The sick often pursue medical assistance in hospitals to receive proper treatment for their condition. The problem is: some of the medical apparatuses used in hospitals may be defective to the point that they could exacerbate the patient’s condition, or worse. These occur due to negligence, medical expense cutbacks, or even failure to evaluate equipment prior to including it in their facilities.
Defective Medical Device Claims
An article on Nolo.com says that some defective medical devices that have been included in some legal cases include defibrillators, stents, implants, and contraceptive devices. While these are used for treating specific conditions, there are more general defective product claims that can be made depending on the assessment of the damages done.
“Defectively manufactured medical devices” are improperly manufactured products or are already damaged but were still used despite knowledge of the possible consequences. Victims of such may file against the manufacturer, the shipping company, or even the medical practitioner who operated the equipment.
Medical devices that followed proper manufacturing procedures but resulted in an injury may fall under the “medical devices with defective design” claim, especially if the product has been in the market for a long period of time and suffered breakdowns which led to the injury.
Meanwhile, “defectively marketed medical devices” are equipment that didn’t come with proper usage instructions or warnings. Victims in this claim may sue the manufacturer for that, or if it is determined that he released the product for the sake of making a sale.
What to do when you’re a victim of defective products?
Defective products aren’t limited to medical equipment; it also extends to the different machines found in our homes, offices, etc. as well that can cause damages or accidents. Upon occurrence of unfortunate events, victims should immediately consult Brooklyn personal injury lawyers regarding the corresponding compensation and appropriate lawsuit to file against the party responsible for the product.
Seasoned Brooklyn injury attorneys like those from The Law Offices of Joseph Lichtenstein expound on the steps in the proceeding, starting with establishing the damage caused by the product up until determining the party responsible for the damages. Enlist their aid to secure due compensation.
(Source: Product Liability Claims Involving Medical Devices, Nolo.com)