Medical Mishaps: Navigating Device Defects
When medical devices fail, the consequences can be devastating. If you’ve been injured by a defective or unsafe medical device, you might be entitled to compensation through a medical device lawsuit. These lawsuits fall under product liability law and can involve design defects, manufacturing defects, or failure-to-warn defects. They aim to provide compensation for medical expenses, lost wages, pain and suffering, and other related damages.
Medical devices can fail for various reasons, including poor design, faulty assembly, improper implantation, or inadequate information about the risks and benefits provided to patients. Some medical devices are protected from lawsuits by a legal doctrine known as preemption, making it crucial to have a law firm that understands how to navigate these legal defenses.
Dealing with a defective medical device affects not just you, but your entire family. We are dedicated to using our resources and experience in complex medical litigation to seek justice for you and your loved ones. With the rapid advancement of medical technology, the use of medical devices has increased. However, some devices are rushed to market without adequate testing and regulation, leading to harm for thousands of patients each year.
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Andy Birchfield Mass Torts Section Head Montgomery, AL -
Frank Woodson Managing Attorney (Mobile) Mobile, AL -
Brittany Scott Principal Atlanta, GA -
Melissa Prickett Principal Montgomery, AL -
Navan Ward Principal Atlanta, GA -
Soo Seok Yang Principal Montgomery, AL
Highlighting Hip Replacements
Medical devices are tools and equipment used in healthcare, excluding vaccines or medicines. These devices help with many things like preventing illnesses, diagnosing health issues, treating conditions, monitoring health, aiding in recovery, and providing comfort. They are essential for making healthcare accessible to everyone, keeping an eye on our health, and managing health crises or emergencies. There are a several different types of devices, including:
- Single-Use Devices – Syringes, catheters
- Implantable Devices – Hip prostheses, pacemakers
- Imaging Devices – Ultrasound machines, CT scanners
- Medical Equipment – Anesthesia machines, patient monitors, hemodialysis machines
- Software – Computer-aided diagnostics
- In Vitro Diagnostics – Glucometers, HIV tests
- Personal Protective Equipment (PPE) – Masks, gowns, gloves
- Surgical and Laboratory Instruments
Medical devices are extremely important in today’s healthcare- making it all the more important that they are manufactured correctly.
Types of Devices
Medical devices are tools and equipment used in healthcare, excluding vaccines or medicines. These devices help with many things like preventing illnesses, diagnosing health issues, treating conditions, monitoring health, aiding in recovery, and providing comfort. They are essential for making healthcare accessible to everyone, keeping an eye on our health, and managing health crises or emergencies. There are a several different types of devices, including:
- Single-Use Devices – Syringes, catheters
- Implantable Devices – Hip prostheses, pacemakers
- Imaging Devices – Ultrasound machines, CT scanners
- Medical Equipment – Anesthesia machines, patient monitors, hemodialysis machines
- Software – Computer-aided diagnostics
- In Vitro Diagnostics – Glucometers, HIV tests
- Personal Protective Equipment (PPE) – Masks, gowns, gloves
- Surgical and Laboratory Instruments
Medical devices are extremely important in today’s healthcare- making it all the more important that they are manufactured correctly.
Relying on Recalls
In the United States, the U.S. Food and Drug Administration (FDA) ensures that medical devices being sold are safe and function properly. If a medical device company discovers an issue with their product, it is their responsibility to initiate a recall to correct or remove the issue and to notify the FDA.
There are three types of medical device recalls:
- Class I: This is the most serious type of recall. It means there’s a high chance that using the product could cause serious health problems or even death.
- Class II: This type of recall indicates that the product might cause temporary or reversible health issues. The risk of serious health problems is low.
- Class III: This is the least serious type of recall. It means that using the product is unlikely to cause any health problems.
Medical device recalls are quite common and impact millions of devices in the U.S. Unfortunately, the process to fix these issues can take a long time, which means patients might be at risk for longer periods. With recalls happening more often and affecting more devices, it’s crucial to quickly and accurately identify which devices are problematic to keep patients safe.
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