Advancements in medical science are intended to improve a person’s health, but sometimes, people get hurt by defective medical devices. When a medical device injures someone, they might find it challenging to go after the money damages they deserve for the harm they suffered because medical technology corporations are often million-dollar or billion-dollar companies. Also, it can be unclear who to sue in these cases.
If you need help in determining who is liable for a defective medical device, a defective medical device lawyer can talk with you at no charge to find out who could be responsible. The attorney could also help you go after the negligent party whose mistake caused your harm. We could help you seek compensation for the injury you suffered.
Manufacturer Liability for Defective Medical Devices
The company that made the defective medical device can be liable for creating a product that harms consumers. The device could be defective because it was not made according to the specifications of the inventor or designer. Sometimes, manufacturers use inferior materials when they fabricate medical devices to cut down on costs and boost profits.
Even if the manufacturer did not design the device, they could be liable because they should have realized the design was defective. The company cannot escape liability if they knew or should have known that the product they made could hurt people.
Sometimes, a medical device has a known danger even if used as intended. In that situation, the manufacturer has a duty to warn the medical community and the consumer about the hazard. Failure to provide adequate warnings in the labeling, packaging, or product materials could subject the manufacturer to liability to people who suffer harm from the product.
Design Defects in Medical Devices
Often, the people who design medical devices work for the same company that manufactures the items. In that situation, the injured person would look to the company that made the defective device and seek to hold them accountable for the design defect and the harm it caused.
Sometimes, however, a medical professional designs a device for use within that doctor’s specialty. For example, an orthopedic surgeon might design something to use during orthopedic surgery. Also, some research and development companies are separate entities and do not manufacture the items they design. In these situations, the person or company who designed the medical device could be liable, and possibly the manufacturer or distributor.
Distributor Liability
Selling dangerous devices can subject the distributor to liability if they knew or should have known that the product could hurt people. Distributors have a duty to sell products that are not harmful to consumers. When a distributor learns that there is a defect that injures people, they should pull the product from their shelves and distribution channels.
Doctor or Hospital Liability for Using or Prescribing Dangerous Devices
A physician can be held accountable if they prescribe devices known to be dangerous and do not provide warnings to their patients. A hospital can be liable if it uses dangerous medical devices in the treatment of patients. A defective medical device lawyer can help you hold the appropriate parties accountable for the harm you suffered. For a free consultation get in touch with our office today.