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With the advance of technology, more people have come to rely on medical devices to help improve their health. Unfortunately, these same products have caused numerous patients to suffer serious harm. When this occurs, the victim may have a right to pursue compensation for their losses, but first, they must determine who is responsible for their medical device injury. Below are some of the unique features to understand about these types of cases. 

Types of Medical Devices 

Medical devices are defined as any device used by healthcare professionals to treat a disease, injury, illness, or disability. A few examples include: 

  • Defibrillators: small electronic devices placed inside a patient’s heart to maintain a normal heart rate 
  • Stents: tubes that are inserted into an artery to prevent blockages
  • Contraceptive devices: such as intrauterine devices (IUDs) used to prevent pregnancy
  • Implants: synthetics surgically placed in a patient’s body, such as in the hip or shoulder, to restore function 

Common Injuries Caused by Faulty Medical Devices 

medical device injuryPatients can sustain a wide range of medical device injuries depending on the type of product and how it was used. Some of the more common are organ loss, chronic pain, heart attack, infection, tissue or bone damage, and permanent disability. Despite strict regulations that the U.S. Food and Drug Administration have in place when it comes to approving new products and monitoring existing ones, many people still end up in danger of being severely hurt by a defective medical device. 

Establishing Liability for a Medical Device Injury 

Victims of a medical device injury may have a valid liability claim against multiple parties. This is because product liability laws protect consumers against:

  • Defects in design: the product is properly made but has an unreasonable design likely to cause injury. 
  • Defects in manufacturing: defects occurring from incorrect manufacturing processes. 
  • Defects in marketing: a failure to provide adequate warnings or instructions concerning the use of the product. 

Therefore, everyone involved in the device’s chain of distribution can be responsible for a patient’s injuries, including the manufacturer, testing laboratory, medical sales representative, doctor, hospital or clinic, and retail supplier. 

 

If you believe you were hurt by a defective medical device, it’s in your best interest to seek legal advice. The Law Office of Hawley Holman will carefully review the details of your case to help ensure all the right parties are held accountable for your medical device injury. With more than three decades of experience and in-depth knowledge of Texas product liability laws, Attorney Holman has earned an impressive track record of success for helping residents throughout the Texarkana area maximize their financial recovery. Call (903) 792-4513 to schedule a free consultation or visit the firm’s website for more information on the services provided.

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