Can You File A Lawsuit After a Medical Device Malfunction?
Medical devices are essential tools that save thousands of lives. Still, despite their advantages, over two million accidents involving defective devices happen each year. If you’re a victim of this situation and were hurt by medical equipment, know that you have the legal right to file a claim and receive benefits for any damages you sustained.
Why Do Medical Device Malfunctions Happen?
Medical device malfunctions are relatively common in hospital settings. While there are many reasons why equipment might fail, the main causes that lead to lawsuits include:
- Design defects from initially flawed products
- Manufacturing errors during production
- Inadequate instructions or warnings
The consequences of these defective devices can be serious. Some patients may require additional surgeries to remove the device, develop infections, or suffer other types of long-term complications. Regardless of what caused the error, victims have the right to seek accountability.
Who’s Liable For Defective Medical Equipment Cases?
Manufacturers
In most cases, manufacturers are usually the main party responsible. They have the responsibility to ensure the products are safe and come with clear directions on how to use them. Any dangerous mistake made after the product’s release could lead to serious problems, especially if the defect results in severe medical harm.
Distributors and Suppliers
A distributor or supplier may also be responsible if they’re selling the product. This is especially true for companies in the supply chain that should’ve been aware of the product’s potential dangers. In some cases, you’ll be able to pursue a claim against both suppliers and manufacturers to receive full compensation.
Hospitals or Doctors
Even if liability mainly falls on the first two categories, hospitals or medical providers may also be responsible for your injuries. If they don’t use the device correctly or don’t follow basic safety rules, they may also be held partially accountable. These cases are less common, but it’s essential to review your case in detail to ensure you identify who’s at fault.
What To Do If Your Medical Device Fails
If you’re using a medical device that fails, getting emergency help should be your first priority. A doctor or medical provider will give you an evaluation and document the issue. These records provide valuable evidence if you decide to file a claim later on.
Additionally, take a picture of or keep the device, packaging, or receipts when possible. Also, save any medical bills or other documentation that shows a clear link between the faulty equipment and your current medical condition. The more relevant documentation you have, the easier it’ll be to support your claim.
Our Experienced Attorneys Are Here To Help
Being the victim of faulty medical equipment can lead to long-term complications you may never recover from. Our experienced lawyers specialize in defective medical device cases and will help you hold those responsible accountable for their actions. We serve Nassau County, Suffolk County, and all five boroughs of New York City. Please contact us at 866-576-0484 if you have any questions or want to schedule a free consultation today.