Were You Seriously Harmed By A Defective Medical Device?
Medical devices are designed to diagnose and treat medical problems. Therefore, it is critical that they work properly. Usually, medical devices work as they should; however, when they fail or malfunction because companies or regulators cut corners, the results may be disastrous or fatal for patients.
At Kaire & Heffernan, PLLC, we have been advocating for injury victims in the Miami area since 1997. Our extensive work in both medical malpractice litigation and product liability claims has given us a level of knowledge and experience in this area that many firms cannot match. If you or a loved one was seriously injured by a dangerous and defective medical device, we are ready to fight for you.
Defects Can Be Found Among A Wide Range Of Medical Devices
A medical device injury is a personal injury that people suffer because of medical devices that do not work as they are supposed to work. Almost any medical device can cause injuries under certain circumstances. Some of the common types of medical devices that have caused injuries include:
- Blood glucose meters
- Breast implants
- Dental sealants
- Hip replacements
- Incontinence devices
- Knee replacements
- Medical pumps
- Prosthetic limbs and accessories
- Da Vinci surgical robots
- Transvaginal mesh
Sometimes, these devices malfunction due to an oversight when the device is designed or manufactured, resulting in a defective product. Other times, a patient may suffer harm from a device that occurs during a medical procedure. If the medical professionals treating the patient did not take the proper precautions to protect the patient before, during, or after the use of the medical device, the negligent parties can be held responsible for the patient’s injuries.
The FDA Is Tasked With Regulating Medical Devices
The United States Food and Drug Administration (FDA) is the government agency that is responsible for ensuring that medical devices are safe and effective. While the FDA follows procedures to ensure that medical devices receive the proper level of scrutiny, FDA approval is not an absolute guarantee of safety. Nor does FDA approval shield the manufacturer of a medical device from liability.
The law requires manufacturers of medical devices to inform physicians of the health risks involved with a given device. However, it may be the physician’s responsibility to explain those risks to the patient. The law also requires medical professionals to report to the FDA, the medical device’s manufacturer, and sometimes the medical device’s distributor all deaths, serious injuries, and malfunctions that they suspect may be related to medical devices.
The FDA monitors the reports of problems with medical devices and alerts health professionals and the general public when such alerts are needed to ensure the proper use of medical devices and the safety of patients. Sometimes, the FDA will recall medical devices from the market if the agency receives enough information to indicate that a recall is necessary to protect the public. To find the FDA’s latest information about recalls, visit the agency’s medical device recalls page.
Numerous Parties May Be Held Liable For Injuries Caused By Medical Devices
The designers and manufacturers of medical devices have the responsibility of creating safe devices. Depending on the circumstances of the patient’s injury, a patient may be able to pursue legal recourse against the following persons or companies:
- The designer of the faulty medical device
- The manufacturer of the faulty medical device
- The distributor of the faulty medical device
- The doctor who performed a procedure on the patient using the faulty medical device
As your attorneys, we will thoroughly investigate the details of your claim to ensure that all liable parties are identified. This will ensure maximum accountability and could also increase your total compensation.
Discuss Your Case With Our Experienced And Caring Attorneys
If you have been injured by a faulty medical device, please seek appropriate medical treatment immediately. Then, contact us for a free and confidential consultation about your case. You may contact us online or phone us at 305-376-7860 to arrange your consultation. We serve clients in and around Miami, Florida. Se habla español.