Medical devices, such as pacemakers and intraocular lenses, improve thousands of lives. Unfortunately, defective medical devices cause more harm than good. You deserve compensation from the liable party if you are a victim of a defective medical device. Below are parties who might be liable for your damages in such a case.
Device Manufacturer
Medical device manufacturers are the common defendants in these cases. The device manufacturer's liability makes sense since many product defects stem from manufacturing, design, or marketing defects. Device manufacturers typically handle one or more of these issues, making them liable for the defects.
Consider a case where a manufacturer uses carcinogenic materials to make an implant. That would constitute a manufacturing defect, and you can hold the manufacturer liable for your damages if the implant gives you cancer.
Device Marketer
Many manufacturers use third parties to sell their products. If the device that harmed you passed through a third-party marketer, you can use the marketer for damages, depending on your injury's cause. The most straightforward way to hold a manufacturer liable for your damages is to prove that they lied or failed to mention a defect and the lie or defect harmed you.
Consider a device marketer who claims their implants are safe for divers and can maintain their integrity dozens of feet underwater. Say you dive 12 feet underwater, and the implant bursts inside your body. You deserve compensation from the marketer based on their false marketing.
Testing Laboratory
Some medical device manufacturers rely on specialized independent laboratories for product testing. Like other companies, independent laboratories can also make mistakes in their line of work. For example, an independent laboratory's mistake might be certifying a defective medical device as safe. The laboratory should compensate you if the defective device harms you.
Medical Facility or Professional
Medical professionals are usually not liable for injuries that medical devices cause. However, the medical facility or doctor's role in acquiring a medical device determines their liability.
An example is if your doctor helps you to order a medical device that turns out defective. Your doctor will be liable for your injuries. Another example is a hospital that orders medical devices in batches and supplies them to patients. The hospital is liable for the damages if some devices turn out defective and harm patients.
A medical device injury falls under product liability. Contact a local firm like Craig P. Kenny & Associates for more info.
