Cleveland medical malpractice attorneys fight for those injured by defective medical devices
Injuries Caused by Defective Medical Devices Can Cause Serious Injury or Death
Medical devices are commonly used to treat a variety of ailments. Pacemakers can correct abnormal heart rhythms, artificial hips can help those with weakened joints walk again, and stents can reopen clogged arteries. Although these devices often save lives, there are times when they cause harm or even death. At The Eisen Law Firm, our Cleveland medical malpractice attorneys have more than 40 years of experience in handling medical malpractice claims, and we are ready to fight for you, to obtain the maximum compensation possible under the law.
Medical device claims: where do you start?
Defective medical device claims stem from a number of causes. They may result from:
- The negligent manufacture of a product;
- The negligent design of a product; or
- The defective marketing of a product.
In some cases, more than one of these elements may be present in a defective device claim.
If a product is negligently manufactured, this means that at some point while the device was being produced, something went wrong. Perhaps the wrong type of plastic was used in a device, making it more susceptible to cracking.
If a product is negligently designed, there is a problem inherent with the structure of the product. For example, if a majority of a certain brand of silicone breast implants used in breast augmentation surgery ruptured after a few months, there is likely an issue with the design of the implant.
The defective marketing of a medical device occurs when an individual or company provides recommendations, warnings, or instructions–or perhaps a lack thereof–regarding the product. For example, perhaps the manufacturer of a device (or a drug) failed to provide proper warnings or marketed the device for use that was not approved by the FDA.
Who is potentially responsible for harm caused by a medical device?
There are a number of potential defendants in any medical device lawsuit. Essentially, any entity or individual that was involved in the “supply chain” from the manufacturer to the end user could be held liable for injuries caused by a device defect. The manufacturer can be held liable for negligent manufacturing, the company that owns the product may be liable for a poor design, and doctors, nurses, and medical device representatives may be responsible for your injuries if they failed to properly instruct or warn you about the risks involved with the device.
Proving a medical device claim
To prevail in a medical device claim, one must show that:
- A patient received some sort of medical device;
- That device was negligently designed, manufactured, or marketed; and
- Due to the faultiness of the device, the patient suffered damages.
The first element is typically easy to prove–one must simply show that he or she had a device implanted or deployed by a medical professional. Medical records are often sufficient to demonstrate this element.
The second element is a bit trickier. Proving that a device was negligently designed, manufactured, or marketed may take months, or even years. Often, attorneys must gather hundreds or thousands of pages of paperwork and records to pinpoint the issue with a device. Without sound legal counsel, injured patients would likely be unable to navigate the complicated merger of medical terminology and law.
The third element can also be difficult to prove in some cases. How do you demonstrate that a medical device is responsible for the harm caused to a patient? For example, if a patient was infected with a disease, how can one demonstrate that the infection was linked to an improperly sterilized device? Would the patient have come down with the infection, even without the implantation of the device? Again, attorneys must study medical records and consult with medical experts to find these missing links in a case.
Contact our Cleveland medical malpractice attorneys today to schedule a free consultation
At The Eisen Law Firm, we offer a free consultation to discuss your claim and how the facts of your case could be interpreted in court. To ensure your rights are protected, contact our skilled Cleveland medical malpractice attorneys as soon as possible to schedule your consultation. You may call us at 216-687-0900 or contact us online.