If you suffered injuries due to a defective medical device, you might qualify for compensation for your medical bills, lost wages, pain and suffering, and other related damages. If a device does not work the way it was intended to, the company that manufactured it could be liable for the defect.
However, it is not always easy to know if you’ve been injured by a defective medical device, especially if you are suffering from another illness or condition. A defective medical devices lawyer from D. Miller & Associates, PLLC, can help you determine if you have a case against the manufacturer. We will investigate the cause of your injury, determine who is liable, and pursue the best settlement possible for your case. Call us at 713-850-8600 today for a free case evaluation with a Texas attorney.
How Does a Medical Device Defect Occur?
The U.S. Food & Drug Administration (FDA) regulates the safety of medical devices under the Food, Drug, and Cosmetic Act. Device manufacturers must comply with safety and testing guidelines and have to meet regulations regarding the advertising of these products. There are also rules governing what information your medical provider has to offer you before you agree to undergo treatment with one of these devices.
If a mistake or oversight occurs at any point in the process, that defect can cause serious injuries to patients. Defective devices can cause:
- Initial injuries;
- Medical complications;
- Problems when they prematurely fail; and
- Long-term injuries if the device breaks down within the body.
Any of these injuries can change your quality of life and force you to pay out of pocket for expensive follow-up treatment.
What Types of Defective Medical Devices Can Cause Harm?
There are quite a few medical devices on the market that carry a high level of risk with them. A serious defect in any of the following devices could cause significant damages for a patient.
Defibrillators and Pacemakers
These small devices are intended to help control the rhythm of the heart when the rhythm is abnormal. A defect can make the difference between life and death for a patient.
Some knee replacement devices increase the risk of infection for patients. If this happens, you might need additional surgeries and suffer from reduced mobility as you wait to recover. You might be able to sue the manufacturer if your knee replacement got infected.
These mesh implants are used to repair hernias. However, many patients suffer painful side effects after receiving AlloDerm hernia mesh implants or a similar device. Contact us if you experienced pain, implant rejection, or infection after receiving this device.
Metal-on-metal hip implants have a history of causing severe problems for patients. These devices carry an increased risk of infection and often require additional surgeries. We might be able to help you sue the manufacturer if your hip replacement gets infected.
Insulin pumps administer insulin in order to regulate blood sugar for diabetic patients. If a defect occurs in one of these devices, the patient’s blood sugar levels could spiral dangerously out of control. If you were affected by a defective insulin pump, contact us today.
This net-like implant is used when a woman is experiencing urinary incontinence or pelvic organ prolapse. However, this form of treatment might increase adverse side effects for patients. If you are suffering ill effects from one of these devices, you might qualify to file a transvaginal mesh lawsuit.
Forced-Air Warming Systems
Forced-air devices like the 3M Bair Hugger Warming Blanket might actually increase a patient’s risk of infection after surgery. Contact us immediately if you believe this post-surgical treatment caused you harm.
Is the Manufacturer of the Medical Device Responsible for My Injuries?
If your injuries occurred because of a defective device, the manufacturer is responsible for your related losses and expenses. Before we face the company’s team of corporate lawyers, however, we will need to establish that the defective device caused your injuries.
We will conduct an investigation into your case to determine the precise nature of the defect. We can work with doctors and other experts to show how the device malfunctioned and caused your injuries.
Can I Sue Another Party If a Medical Device Injured Me?
If the device itself was free from defects, but you still suffered injuries after undergoing your treatment, you might have a medical malpractice claim. This area of law deals with the professional duty that all doctors, hospitals, and other healthcare providers owe to their patients.
If the negligence of a surgeon or another member of the hospital staff caused your injuries, they might be liable for your damages.
How Can I Get Legal Advice on My Case?
If you believe a defective medical device caused your injuries, do not try to build your case on your own. The attorneys at D. Miller & Associates, PLLC, can examine your situation and help you decide what to do next. Call us now at 713-850-8600 for a free consultation.