Medical Device Error
When medical devices hit the market, problems associated with them typically can be explained one of three ways:
Device problems — flaws from the fabrication process, mechanical or electrical malfunctions, or faulty material used to manufacture the device. Manufacturers of a defective device or the company who lends its name to the device could potentially be held liable for any injuries sustained by consumers if they are able to prove that the damage is directly attributable to the faultiness of the instrument.
Usage problems — stem from design irregularities, poor labeling, incorrect or confusing instructions, or insufficient packaging. Usage problems can also be caused due to the lack of experience and knowledge that the person assisting you with treatment has with the product. It is usually difficult to pin the blame on someone in a usage case because they are not usually cut and dry.
Clinical problems — probably the trickiest circumstances to prove since a patient’s preexisting medical disorder (e.g., allergy) may cause the device to do more harm than it does to benefit that person.
If you or a loved-one have been injured as a result of medical malpractice, we would be happy to review and evaluate your case. Please call us at 615-844-4034 or complete the Case Submission Form to the right.