According to one article, in 2008 there were only 18 high risk medical devices recalled by the FDA.... In 2013, 63 high risk devices were recalled by the FDA, which represents an alarming increase of 350% compared to only five years prior. Defective medical devices cause injuries each and every year, depending on what type of machinery equipment. Such issues often create claims through lawsuits and compensation for the injuries sustained. There are a number of different types of devices that could harm a patient, however, in most cases the healthcare facility obtains a patient waiver if the patient wants to use a device that could affect their future health. That being said, if the device is defective this often leads to a claim against the hospital, the manufacturer or other parties connected to the creation or shipping of the machine.

There are a number of medical devices that are commonly defective such as various surgical instruments used during a procedure, implants in the body or mouth, pacemakers and even prosthetic devices. For devices that have moving parts, electrical connections or a computer within it increases the chances of the existence of a defect. Dangerous or defective medical devices can result in a product liability claim where a person undergoes surgery or uses a medical device and is injured or dies as a result. However, in some instances plaintiffs are unsure of whether a device results in a product liability lawsuit or a medical malpractice lawsuit.

Commenting on differentiating between a product liability lawsuit and a medical malpractice lawsuit with regard to defective medical devices, a Crowson Law Group attorney stated the following: “The reality is that there is no grey area when it comes to determining whether a defective medical device falls into a product liability lawsuit versus a medical malpractice lawsuit. The distinction lies within their definitions; a medical malpractice lawsuit is determined by the negligence of a healthcare provider and a breach of that provider’s duty of care to a patient. On the other hand, a product liability lawsuit is based on defects or errors pertaining to the product in itself.  For example, injuries caused by a metal on metal hip replacement places liability on the manufacturer as the problem is with the product. However, where the surgeon performs the procedure and acts in a way that falls below the level of care practiced in the profession this results in medical malpractice. So, if a surgeon makes an error while implanting the metal hip, misdiagnoses the patient or fails to inform a patient about the known risks associated with the procedure; this rises to the level of medical malpractice. That being said, it must be noted that it is not impossible for an individual to have both a product liability lawsuit and a medical malpractice lawsuit; all it requires on the part of the plaintiff is to prove his or her case.”

Injury sustained from a defective medical device usually includes compensation for the damage the equipment caused, such as pain and suffering, lack of income due to inability to work, recovery of expenses through treatment or therapy and a decrease in the quality of life resulting from the injuries caused by the device.

For legal advice and representation from a medical malpractice, product liability and/or car accident attorney in Wasilla contact a law firm of renowned professionals for personal injury cases.

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Crowson Law Group is a law firm of renowned professionals who focus solely on personal injury matters. The law firm is well-known for handling high-profile and complex personal injury cases. For representation by a Wasilla personal injury lawyer, contact the Crowson Law Group Wasilla offices today.