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How to Deal with a Medical Device Failure that Led to Serious Injury or Death

Medical malpractice is the third leading cause of death in the United States. It is also the number one cause of preventable deaths. Despite this, healthcare professionals continue to use medical devices that are known to be defective to treat patients. Medical errors can be made by hospitals, doctors, nursing care facilities, and other healthcare providers.

They often result in patients incurring severe injuries or dying. How can you deal with a medical device failure that led to serious injury or death? Your first step should be to talk to a Huntington Beach Personal Injury Attorney at El Dabe Ritter Trial Lawyers about your rights.

Types of Defective Medical Devices

Over the years, health care has grown to involve the use of manufactured products to treat the human body. These devices can range from complex products such as pacemakers to simple dental implants. Unfortunately, some of these devices can be defective or dangerous enough to cause severe injury or death. Well-known examples include:

  • Surgical staplers and staples
  • Knee, hip, and shoulder replacements
  • Breast implants
  • Pacemakers
  • Pelvic mesh
  • Hernia mesh
  • Intrauterine contraceptive devices (IUDs)
  • Pain pumps
  • IVC filters
  • Ventilators
  • Implanted defibrillators

Medical Device Failure and the FDA

In a December 24, 2019, article, Kaiser Health News exposed the alleged cover-up of medical device failure deaths by the Food and Drug Administration (FDA). The non-profit health news service claimed that the FDA failed to share important information about the dangers of specific cardiac medical devices with doctors and the public.

The news service had published another article in March of that year of a similar nature. In response, the FDA released a database containing 5,700,000 reports of medical device injuries. The reports are now downloadable in a database called MAUDE (Manufacturer and User Facility Device Experience).

Malpractice and Product Liability

The release of the FDA report has made it clear that many medical devices can pose the risk of severe injury or death to patients. It has also provided manufacturers and doctors with the information they need to act accordingly.

Consequently, doctors now have a duty of care concerning the future use of these devices. They are expected to learn the potential risks of a device and communicate them to patients before treatment.

This means that people can take legal action against medical device failures that led to serious injury or death. They could file a:

  • Product liability case against the distributor
  •  or manufacturer
  • Medical malpractice case against the hospital or doctor for negligence

If you are unsure of the scope of your case, you can consult a Huntington Beach Personal Injury Attorney for legal help.

Talk to a Huntington Beach Personal Injury Attorney

Defective medical devices have cost many people their spouses, children, parents, or siblings. They have also caused victims substantial financial losses. Fortunately, individuals and corporations that endanger people’s lives can be held accountable.

We are dedicated to protecting the rights of victims of medical malpractice. We endeavor to tip the scales against negligent device manufacturers and health care providers. If you have a case involving a medical device failure that led to serious injury or death, contact the law offices of El Dabe Ritter Trial Lawyers to schedule a free consultation with an expert Huntington Beach Personal Injury Attorney.