Did a Medical Device Malfunction? See What You Can Do About It
Medical devices are integral to modern healthcare, providing life-saving treatments and improving the quality of life for patients worldwide. These devices range from everyday items like pacemakers, insulin pumps, and hearing aids to complicated surgical tools and diagnostic equipment.
However, despite their importance and life-changing potential, medical devices aren’t immune to defects or malfunctions that can harm users. When a medical device malfunctions, it can cause significant physical, emotional, and financial harm.
At Tormey & McConnell in Amarillo, Texas, our firm can guide you through the process of seeking justice for the harm caused by defective medical devices.
Let’s explore your rights and options in the aftermath of a medical device malfunction, including how a product liability attorney can help.
What Are Medical Device Malfunctions?
A medical device malfunction occurs when a device fails to perform its intended function properly, leading to harm, injury, or even death. Malfunctions can arise due to manufacturing defects, design flaws, or improper labeling, and they can affect devices at any stage of their lifecycle, from the design phase to post-market use.
Malfunctions of medical devices can happen for various reasons, such as:
Manufacturing defects: These are errors made during the production of the device. A small mistake in assembly, material selection, or quality control can lead to malfunction.
Design defects: These defects exist when a product’s design is inherently dangerous or ineffective, even if manufactured correctly. A flaw in the design can result in safety hazards or unintended consequences for users.
Labeling issues: If the device’s packaging or instructions fail to adequately inform users about potential risks or the proper way to use it, it can lead to misuse and injury.
Medical device malfunctions can occur at any stage of a device's lifecycle, all of which can result in serious harm to users.
Types of Medical Devices that Commonly Malfunction
Some medical devices are more prone to malfunctions than others due to their elaborate nature or usage. Common examples of medical devices that have been linked to malfunctions include:
Implantable devices: These include pacemakers, artificial joints, and implantable cardioverter-defibrillators (ICDs). Malfunctions of these devices can have severe, life-threatening consequences, including infection, device failure, or complications related to the implant.
Surgical instruments: Equipment like scalpels, surgical meshes, and robotic surgery systems can malfunction, leading to surgical errors, infections, or the need for further surgeries.
Diagnostic equipment: Devices such as MRI machines, blood pressure monitors, and blood glucose meters can malfunction, leading to incorrect diagnoses, missed medical conditions, or unnecessary treatments.
Pharmaceutical devices: Devices that administer drugs, such as insulin pumps or infusion pumps, can malfunction, causing underdosing or overdosing, which can result in serious health risks.
These various types of medical devices are susceptible to malfunctions that can lead to severe health risks, complications, and even life-threatening consequences.
Legal Options After a Medical Device Malfunction
When a medical device malfunctions, the consequences can be devastating. Patients may suffer from worsened health, prolonged recovery, increased medical bills, and even the need for additional surgery or treatments.
Understanding what legal options you have can help you secure compensation and make sure that you hold manufacturers and distributors accountable for the harm caused.
In Texas, there are several legal avenues available to victims of medical device malfunctions:
Product liability claims: If a defective or malfunctioning medical device caused your injury, you may have grounds to file a product liability lawsuit against the manufacturer, distributor, or other responsible parties. Texas law allows individuals who suffer harm due to defective products to seek damages for their medical expenses, pain and suffering, lost wages, and other costs associated with the injury.
Negligence claims: If the malfunction was the result of negligence on the part of a healthcare provider, such as failing to use the device properly or improperly installing it, you may be able to pursue a medical malpractice claim. This may require proving that the healthcare provider’s actions fell below the accepted standard of care.
Breach of warranty claims: Medical devices often come with certain warranties regarding their quality and performance. If a device fails to meet these standards, you may have the option of filing a breach of warranty claim to recover damages.
Class action lawsuits: In cases where a defective medical device causes widespread harm to multiple individuals, a class action lawsuit may be filed. This allows victims to join together and seek compensation as a group, making it easier to pursue legal action against large manufacturers.
A product liability attorney can help you explore various legal options to secure compensation and hold responsible parties accountable for a medical device malfunction.
How Can a Product Liability Attorney Help You?
When dealing with a defective medical device, it’s essential to work with an experienced product liability attorney to help you understand your legal options, build a strong case, and fight for a favorable outcome.
A product liability attorney will have the necessary skills and knowledge to understand product liability law and make sure that you meet all necessary deadlines and requirements for filing a claim.
Here are some of the critical ways a product liability attorney can assist you:
Investigating the malfunction: A product liability attorney can investigate the circumstances surrounding the malfunction of the medical device. This may involve gathering evidence, consulting with experts, and identifying the cause of the defect or failure.
Assessing the severity of the injury: In cases involving medical device malfunctions, the severity of the injury plays a crucial role in determining the amount of compensation. Your attorney will assess the medical records, consult with healthcare professionals, and evaluate how the malfunction has affected your health and well-being.
Negotiating with manufacturers: Manufacturers of medical devices have lawyers whose primary goal is to minimize liability and damages. Your product liability attorney will handle negotiations and make sure you aren’t unfairly pressured into accepting a low settlement.
Filing the claim: Filing a product liability claim involves complicated paperwork, adherence to strict deadlines, and following specific legal protocols. Your attorney will handle all aspects of filing, making sure your claim is submitted accurately and within the required time frame.
Representing you in court: If a fair settlement can’t be reached, your product liability attorney will take your case to court, representing your interests and advocating for your rights. They’ll work to prove that the medical device was defective and that the manufacturer is responsible for the harm caused.
A product liability attorney can help you manage the legal process, build a strong case, and fight for a favorable outcome after a medical device malfunction.
Common Symptoms and Risks of Medical Device Malfunctions
It’s essential to recognize the signs and symptoms of a malfunctioning medical device. Some common symptoms of device malfunction include:
Pain or discomfort: If a medical device causes persistent pain, discomfort, or irritation, it could be malfunctioning.
Unexpected errors: Devices that fail to operate properly or deliver inaccurate readings can be dangerous, especially in life-threatening situations.
Infection: Implantable devices, such as pacemakers or artificial joints, may lead to infection if they malfunction or if the body rejects the device.
Device failure: Devices that stop working or fail to function as intended can result in significant medical complications, especially if they're essential for monitoring health or administering treatment.
Recognizing the common symptoms and risks of a malfunctioning medical device is crucial to taking timely action and preventing further harm.
How to Protect Your Rights After a Malfunction
If you believe you have been injured due to a medical device malfunction, it’s crucial to take immediate action to protect your rights. Here are steps you can take to make sure your case is handled properly:
Seek medical attention: If you have been injured by a malfunctioning device, seek medical attention immediately. Your health should be your top priority.
Document the incident: Keep detailed records of your medical device, including any issues or malfunctions you have experienced. Take photos, write down symptoms, and save any correspondence with medical professionals or manufacturers.
Consult a product liability attorney: Speak with a product liability attorney to understand your legal options. They’ll guide you through the process and help you file a claim.
Preserve the device: If possible, keep the malfunctioning device as evidence. Your attorney may need it to demonstrate the defect or malfunction in your case.
Taking prompt action is essential to protect your rights and build a strong case after a medical device malfunction.
Contact Us Today
If you or a loved one has suffered due to a defective medical device, it’s essential to take action. Working with a skilled product liability attorney can help you pursue justice and compensation for the harm caused. If you need legal assistance, contact us at Tormey & McConnell. Our firm is proud to serve clients in Amarillo, Texas, as well as Canyon, Dumas, Pampa, Hereford, Childress, and Borger. Call us today.