Medical Devices
Medical devices such as pacemakers and prosthetics
are commonly used to improve a patient’s quality of life
or well-being. They are meant to help healthcare
professionals diagnose, supervise, and treat medical
conditions. All medical devices must be approved by the
Food and Drug Administration (FDA) to assess their
safety, effectiveness and quality before being sold to
the public.
There are several basic types of medical devices
including:
- Diagnostic devices such as ultrasound and x-ray
machines
- Therapeutic devices such as medical lasers
- Life support devices such as ventilators and dialysis
machines
- Monitoring devices such as blood pressure cuffs
When a medical device does not work as promised, the
effects can be damaging and extensive. A medical device
that is defective or unsafe can cause serious injury or
even death. A defect can result from many things
including faulty design and poor manufacturing quality.
In fact, the FDA may recall a defective device in an
effort to protect the public.
The chain of events that leads to the use of a
particular medical device for a patient usually involves
a number of parties. Consequently, it can be difficult
to determine exactly who is responsible for an injury.
The doctor that prescribed the device may be liable if
he or she knew that the device was risky and did not
plainly explain the risks to the patient. The hospital,
the distributor or the seller that provided the device
may be liable.
Most often, it is the manufacturer that is held liable
on the basis of defects, inadequate warnings or
misleading marketing. Medical device manufacturers have
a legal responsibility to make their devices safe, to
meet FDA standards and to warn of any risks or side
effects involved in using the device. Patients have a
right to know the risks associated with a particular
medical device so that they (and their doctors) can make
informed healthcare decisions.
Depending on the state where the injury occurred,
compensation for the following damages may be recovered:
- Emotional distress
- Loss of employment
- Loss of enjoyment of life
- Loss of past and future earnings
- Pain and suffering
- Past and future medical expenses
If you or a loved one has been injured by a medical
device, you may be able to collect monetary compensation
for your injury. The attorneys at Peterson & Associates
can help you ascertain who is responsible for your
injury and help you assess the loss you have suffered.
Please don’t hesitate to contact the law offices of
Peterson & Associates. Our experienced attorneys can be
reached for a free consultation by calling 816-LAW-FIRM,
or by clicking here to
submit online.
Dangerous Medical Devices
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