Posted in News on January 12, 2017
Everyday, patients in Montana are diagnosed and treated by medical professionals. While most patients are prescribed treatment plans that include medications, others include procedures that involve a medical device or the placement of a medical device in the patient. While these devices are designed to help and treat patients, it is possible that they could become defective. This could result in a dangerous product and a situation that could cause much harm and injury to the patient or consumer.
While medical devices used to perform surgical procedures or designed to be used within a patient’s body, such as an implant, pacemaker or prosthetic, are closely monitored by the U.S. Food and Drug Administration, these products could suffer design, manufacturing an marketing defects. Below are examples of high-risk medical device defects and the rights patient have in the matter.
The first example is a defective transvaginal mesh. This medical device serves women that are suffering from pelvic prolapse or stress urinary incontinence; however, this device has been linked to painful and serious complications such as erosion. Such a situation could cause small pieces to perforate nearby organs, causing serious medical and health complications. In these matters, a patient could seek compensation for medical bills, pain and suffering and other related damages.
Another example is metal hip replacement. While injuries caused by hip replacements are often placed on the manufacturer, the surgeon that performed the procedure could also face liability. If a surgeon made an error when placing a hip replacement, this could be the cause of the defects. Thus, an injured consumer could seek compensation through both a products liability claim and a medical malpractice action.
A final example is a Da Vinci robotic surgery. While the use of robots reduces the stress and fatigue experienced by surgeons, robots could also be the cause of injuries during a procedure. If a robot is defective and isn’t working properly, an injured patient could file a products liability claim against the manufacturer.
If a defective medical device has harmed you, it is important to understand the situations and rights afforded to the injured party. In some cases, more than one party could be held liable; therefore, it is important to fully investigate the matter and seek advice if necessary.
Source: Findlaw.com, “Defective Medical Devices,” accessed Jan. 7, 2017