Medical devices are making patients’ lives better in many ways. They stop blood clots, assist with surgical procedures, and replace damaged joints. But when a device is defective or used improperly, the consequences can be extremely harmful.
When a medical device is the cause of a personal injury claim, it is usually either a medical malpractice or product liability case. If the error was caused by negligence of a medical provider, it likely falls under medical malpractice. If a medical device was defective, the manufacturer or distributor may be liable under product liability.
If a medical device causes an injury, a serious medical condition, or the death of a loved one, talk to a medical device lawyer in New York. Call 1-800-NOW-HURT to get in touch with Buttafuoco & Associates and discuss your options.
Medical Device Errors Caused by Staff Negligence
Many medical devices require attentive calibration and monitoring, and errors in use can have serious consequences. If a member of a medical team, such as a physician, nurse, or medical assistant uses a device improperly, and that leads to your injury, this could be considered medical malpractice. Medical devices that have a high risk of misuse include by medical staff:
- Infusion pumps for IVs
- Pacemakers
- Ventilators
- Dialysis machines
- Pacemakers
- Surgical equipment
- Insulin pumps
For example, staff negligence may include setting an infusion pump at the wrong rate, causing an improper dose. This would be the fault of the medical team, not the result of a defective device, making it a case of medical malpractice.
Medical Device Errors Caused by Defective Devices
While some medical device injuries are caused by human error, others are due to defective design, defective manufacturing, or inadequate safety warnings or instructions. A medical device attorney serving New York would consider these product liability cases.
The U.S. Food and Drug Administration (FDA) works to ensure all medical devices are safe and trustworthy. Before making a device available to the public, the manufacturer must run it through rigorous trials to prove its usefulness and safety, and the FDA issues recalls on devices that are found to be unsafe.
Unfortunately, some manufacturers try to bypass these regulations and get their devices to market or ignore defects, knowingly bringing dangerous products to market. Commonly defective medical devices include:
- Artificial hips and knees
- Ventilators
- Pacemakers
- Transvaginal mesh
- IUDs
- IVC blood clot filters
- Infusion pumps
- Catheters
- Surgical instruments
What a Medical Device Attorney Can Do for Your Case
If you or a loved one has been injured by a medical device, you may have a legitimate personal injury case. Whether the injury was the result of a defective device or medical malpractice, you should take these key steps for a successful medical device injury case:
- Preserve the Device: Whether it was used at home or in a hospital, preserve the device that caused your injury. Preserve serial numbers and take photos of the equipment in use if possible.
- Gather Records: This evidence may include medical records, FDA recall notices, and device serial and tracking numbers.
- Use Expert Testimony: Whether it’s medical experts or product engineers, most cases require expert witnesses to prove how the medical team or device manufacturer behaved negligently.
These cases can be complex, especially when going up against large manufacturers or hospital systems. A qualified New York defective medical device attorney can help you identify who is responsible, gather the evidence you need, and pursue the compensation you need.
Contact Buttafuoco & Associates at 1-800-NOW-HURT for a free case review.