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Understanding Liability for Defective Medical Devices

On Behalf of | Jun 15, 2020 | Product Liability

Millions of people throughout this country rely on medical devices to keep them safe and healthy. When a doctor recommends a medical device, they are doing so to improve the health of their patient. Common devices include internal defibrillators and pacemakers, insulin pumps, hearing aids, and more. However, there are times when medical devices are defective and can cause serious injuries to those who use them. When this happens, who can be held liable for any injuries? It is important to understand how these devices become defective and whether or not a company or manufacturer will be responsible for the expenses.

Medical Devices Are Used Each Day By Millions Of People

Medical devices are used to diagnose and treat various illnesses and injuries that a person may incur. Due to the very nature of these devices, they typically need to be monitored and maintained regularly. Some of the most common medical devices that are used throughout the United States include:

  • Pacemakers
  • Defibrillators
  • Transvaginal meshes
  • Insulin pumps
  • Hip implants
  • Breast implants
  • Contraceptive devices
  • Heart stents
  • Hearing aids and more

Many medical devices require surgery to implant them, but that is not necessarily the case with every medical device. However, all medical devices must be approved by the US Food and Drug Administration (FDA) before they can be used on patients.

Medical devices typically become defective in one of three ways:

  • A defective design
  • An error during the manufacturing of the device
  • Defective marketing

Who Can Be Held Liable For Defective Medical Devices In California?

If you or somebody you love is injured due to a medical device, there may be several parties who could be held liable for the damages. The specific factors related to each particular case will determine which parties face a defective product (product liability) lawsuit. This could include lawsuits against:

  • The device designer or manufacturer
  • The medical facility where the device was implanted
  • The health care professional who implanted the device
  • The doctor or surgeon who recommended the device

Defective medical device product cases can become complicated, and often cross into the territory of medical malpractice claims. These cases will require extensive investigation from a skilled product liability attorney in order to fully determine liability and obtain maximum compensation.

Let Our Team Help You Today

If you or somebody you care about has been injured due to a defective medical device, contact an attorney as soon as possible. At Licata & Yeremenko, A Professional Law Corporation, our qualified and experienced team will thoroughly investigate your case so we can obtain the compensation you are entitled to. This can include:

  • Coverage of all medical bills caused by the defective medical device
  • Lost wages and benefits if you cannot work while you recover
  • Loss of personal enjoyment damages
  • Pain and suffering damages
  • Possible punitive damages against a company or manufacturer

If you need a California defective medical device attorney, you can reach out to us on our website for a free consultation by clicking here or calling us at 818-783-5757.