Medical Device Errors and Litigation
An increasing number of Americans rely on sophisticated medical devices that do everything from regulate their heart rate to help them walk. As medical devices have become more complicated, defects in manufacturing and design processes have crept in, making these devices injurious to many patients, rather than beneficial.
No one who is implanted with a medical device expects to be injured from the use of this device. Unfortunately, that is exactly what has happened in thousands of cases being reported across the country resulting in medical device litigation. From defective hip implant devices to malfunctioning defibrillators, there have been far too many cases of medical devices malfunctioning due to shoddy manufacturing and poor design, leaving patients with severe and long-term injuries.
There are many ways that a device can be defective. For instance, a medical device may be poorly designed, and due to lack of testing, this poor design may not become obvious to the manufacturer until it is too late. A device may also be tainted with defects during the manufacturing process.
Additionally, many devices are meant only for patients with certain conditions, and may have possible side effects and complications that must be made clear not just to the patient, but also to doctors. Failure to do so may cause doctors to prescribe a medical device to a patient that is not appropriate, leading to serious complications. If the manufacturer is aware of possible adverse effects, it has a duty to warn doctors as well as patients about the side effects.
Medical devices don’t come cheap. These devices cost thousands of dollars and when consumers pay for a device that promises to keep them safe and healthy, they don’t expect to be injured from its use.
The danger to consumers from defective medical devices also increases because the Food and Drug Administration, the main federal body that is responsible for the approval of new medical devices, is understaffed. The agency simply does not have the resources to stringently review each and every medical device approval application that comes before it. As a result, the FDA often approves devices without adequate reviews, or merely because a device is similar to one that already exists in the market.
If you or a loved one has been injured or passed away due to a medical device malfunction or medical negligence, contact Chicago medical malpractice lawyers at the Blumenshine Law Group for a free consultation or call us at – (312) 766-1000.