For the treatment of many health issues, patients rely on medical devices that range from pacemakers to catheters. If these tools are not working correctly, defective medical devices can cause numerous negative effects on the patient.
How can defective medical devices cause harm? Learn more about their potential impact and what legal options you may have if you’ve suffered losses.
Physical Injuries
Defective medical devices can lead to physical injuries. Equipment can malfunction, resulting in organ damage, infections, internal bleeding, and many other injuries. These injuries could be immediate or delayed. The latter scenario can further complicate matters because it will require proving that the device led to your injuries.
Endangering Patient Safety
Another potential issue that defective medical devices can cause is placing patients at risk because of the medical care they receive. An oxygen machine can stop working during a procedure, or a pacemaker can malfunction and lead to severe heart complications when you least expect it.
Further Medical Intervention
When a device malfunctions, it can require medical intervention in the form of surgery to remove it and replace it with a new one. This opens the door to further risks, like anesthesia issues and hospital-acquired infections. Aside from these risks, the surgery can place a significant amount of strain on the body of the patient.
Increased Risk of Long-Term Health Issues
Defective medical devices can lead to system-wide infections that can become difficult to treat, leading to prolonged illness. A faulty implant could cause organ damage that requires extensive medical attention and can lead to chronic issues.
Medical devices in the body may shift or loosen if they’re defective, and that can lead to severe inflammation, damage to nearby blood vessels and other structures, and long-term pain.
Ineffective Treatment
Medical devices such as insulin pumps need to deliver the right dose of medication to keep you healthy. If they fail to do so, you can end up not receiving the life-saving treatment you need. The same can occur with a pacemaker, which could fail to register heartbeats appropriately and could therefore not provide the support your heart needs.
Emotional Trauma
If your medical device doesn’t work correctly, whether because of a manufacturing error or medical malpractice, you can experience a loss of trust in the medical establishment. That’s a serious problem that could cause you stress every time you go to the doctor. It might also keep you from attending your check-ups.
Suffering an injury because of a defective device can be a traumatic experience. The pain can result in the development of anxiety or depression. Your quality of life can also suffer, which further impacts your mental health.
After these kinds of experiences, some people develop post-traumatic stress disorder. It’s a potentially debilitating condition that can require extensive therapy to address.
Financial Harm
Being injured by a defective medical device also means needing to undergo more medical procedures to fix the problem and replace the device. That’s not just frustrating; it’s also expensive. You will have medical bills to worry about, and you might even lose wages if you need to take time off from work to recover.
You may need to participate in rehabilitative sessions. If you are struggling with mental health concerns because of the injury, you may require costly therapy sessions. If the device resulted in severe physical injuries or disabilities, you might need to purchase and rely on assistive tools, such as wheelchairs.
FAQ
What Kind of Claim Do I File if a Medical Device Malfunctions?
You file a personal injury claim for these cases. More specifically, you need to file a product liability or medical malpractice case. If the injury you suffered occurred because of a manufacturing error of any kind, then those who designed and created the device are liable.
However, if the problem involved a medical mistake, then a malpractice claim is the right type to file. Your lawyer can assist you with this process.
How Long Do I Have to File a Claim for a Defective Medical Device?
In Ohio, the statute of limitations gives you two years to begin the claim. If you don’t notice that you sustained an injury until months or years later than the date when the injury actually occurred, the clock will usually start running when you discover or should have discovered that you were hurt.
How Much Does a Defective Medical Device Lawyer Charge?
Like all personal injury lawyers, defective medical device attorneys usually work on a contingency fee basis. Instead of charging upfront fees, they receive a percentage of any recovery.
Beginning a Defective Medical Device Lawsuit
If you have sustained injuries because of a defective medical device, you may be entitled to start a lawsuit against the manufacturer and any other liable parties. These are not simple claims, so it’s never a good option to attempt them on your own.
At The Moore Law Firm, our team of defective medical device attorneys can provide the support you need. We can investigate how the injury occurred, get testimonies from expert witnesses, and negotiate aggressively with insurance companies to help you obtain fair compensation.
Our defective medical device lawyers are here to help you with even the most complex cases. Contact us to schedule a free consultation.
If you have been injured or have lost a loved one as a result of another person's negligence, you deserve to be fully compensated for your losses. The simple fact is that you should not be forced to pay the price for another person's careless or reckless actions.