What is a Defective Medical Device?
Defective medical devices injure thousands of patients every single year, leading to significant products liability lawsuits and medical malpractice lawsuits. Although doctors and hospitals often try to fully explain the risks of the use or implantation of a medical device to obtain the patient’s informed consent, even consent may not bar an injured patient from filing a lawsuit when they are harmed by a defective medical device.
Common Defective Medical Devices
A medical device can be considered defective in one of three ways:
- A device may suffer from a design defect, meaning the product has an inherently unsafe or dangerous design.
- A device may have been defectively manufactured, meaning that the product was not built according to the design specifications or was built with poor workmanship or substandard materials.
- A device may come with inadequate instructions as to its safe, proper use, or inadequate warnings of the risk of injury through normal use of the device.
Common examples of defective medical devices include:
- Surgical instruments and equipment
- Pacemakers
- Insulin pumps
- Prosthetic device, such as artificial knees or hips
- Pelvic meshes
- Breast implants
Common Defects with Medical Devices
Some of the ways that medical devices may suffer from defects include:
- Electrical problems with powered medical devices, which may cause burns or electrocution injuries
- Programming errors in computer-driven medical devices, which may lead to incorrect administration of drugs or other treatment provided by the device
- Collapse or failure of prosthetic implants, which may cause injury to tissue in the body
- Use of toxic or hazardous coatings or materials that leach into the body
- Defective surgical tools that cause unintended incisions or lacerations to tissue
Pursuing Compensation for Injuries Caused by Defective Medical Devices
When a patient is injured by a defective medical device, they typically would pursue a product liability claim against the manufacturer of the device. In New Jersey, product liability is considered strict liability. That means that a patient does not need to show a manufacturer committed some act of negligence or recklessness, but rather only that a product was not safe or fit for its intended purpose.
A patient injured by a defective medical device may potentially also have a medical malpractice claim against the providers that used the product or implanted it into the patient, if the patient can show that the provider negligently or recklessly used a known defective device or failed to obtain the patient’s informed consent for use of the device.
A patient injured by a defective medical device may be entitled to recover compensation for:
- Costs of medical treatment and rehabilitation for injuries or other medical conditions caused by the defective product
- Lost past and future earnings if a patient is kept from working due to the harm inflicted by a defective medical device
- Physical pain
- Emotional trauma and suffering
- Lost quality of life, such as due to scarring/disfigurement, physical disabilities, or reduced life expectancy caused by a defective medical device
Recovering compensation in a defective medical device claim is a complex, fact-intensive process, so you can give yourself the best chance at recovery by working with experienced legal counsel.
Contact a Personal Injury Lawyer Near You to Discuss Your Product Liability Case in New Jersey
Were you or a loved one injured due to a defective medical product in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Drazin and Warshaw, P.C. represent clients injured by defective products in Westfield, Cranford, Scotch Plains, and throughout Middlesex County, Ocean County, Union County, and Monmouth County, New Jersey. Call (732) 576-8860 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 25 Reckless Place, Red Bank, NJ 07701 as well as offices in Hazlet, Westfield, and Brick.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
