Who pays for my Damages from an injury from a defective medical device?
Who is Liable for my Damages from an Injury Involving a Defective Medical Device?

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Not all medical malpractice cases involve a doctor’s direct error. Sometimes, they involve other types of negligence, such as using a recalled medical device or using one incorrectly, causing the victim to suffer an injury or a worsened medical condition. When this happens, the victim may file a claim to seek compensation from the negligent, and thus liable, party – which is not always his or her doctor.

A defective medical device case can involve one or more of the following parties. How your injury occurred will determine which party is liable for your damages.


The Device’s Manufacturer

Manufacturers of consumer products have what is known as product liability. This is the responsibility to ensure that their products do not pose the risk of harm to consumers who use them in an intended manner. In the following scenarios, a medical device’s manufacturer may be deemed liable for a victim’s damages:

  • The product was rushed to market without being thoroughly tested;
  • The product can break down or dislocate within the victim’s body;
  • The product is not sterile or cannot be kept sterile, making it a possible infection hazard; and
  • The product does not work as it is supposed to work.


The Doctor or Other Medical Professional who Used the Device with you

When a manufacturer finds its product is not safe or could potentially be unsafe, it must issue a recall. Physicians who use recalled products and hospitals that stock recalled products for use are negligent and may be liable for any damages that arise from the use of these items. Even if an item has not been recalled, a doctor or other hospital staff member may be negligent by using it incorrectly, without properly sterilizing it, or despite knowing that the product’s risks outweigh its benefits to the patient. In cases where a doctor would not reasonably have used an item, but it is then used anyway, the doctor may be liable for the victim’s damages.


Work with an Experienced Alexandria Medical Malpractice Lawyer


If you are suffering from the financial results of an injury or worsened condition caused by a faulty or defective medical device, you could have grounds for a medical malpractice claim. To learn more about your rights in this situation, contact our team of experienced medical malpractice lawyers at Kamerow Law Firm, PLLC today to set up your initial consultation with us.