When discussing injuries that arise from medical treatment, people typically think in terms of a standard medical malpractice case: the doctor or hospital was negligent in providing care in some way which leads to the patient’s injury. However, even when there are no issues with the treatment received, injuries can just as often arise from the medical devices that were used during treatment, or as part of the post-treatment recovery process.
People rarely want to blame their doctor, someone who has earned their deepest trust. The reality is that he or she may have given you the best care available, but the device they used was defective. Don’t ignore symptoms if you’ve received medical treatment but the recovery has not gone as planned. If you’re suffering, an experienced personal injury lawyer can help you identify the potential source of your problems.
Because medical device liability is complicated, it may be helpful to review the ways that these devices can be defective and who may be responsible.
Defective Design
Medical devices may be inherently defective due to poor design. A design defect is one where the design of the product itself is defective. The device may work as intended, but design defects can manifest themselves in a number of ways. For example, the device may fail sooner than expected, or cause other unexpected health problems.
Defective Manufacturing
Manufacturing defects are ones where the design of the device may be sound, but the device becomes defective as a result of its manufacturing. Manufacturing can include both the production of the devices, as well as its assembly.
Defective Marketing of Packaging
Even if the device is properly designed and manufactured, the device may be improperly marketed or packaged. These defects include marketing them to the wrong segment of the population, improper or inadequate instructions for use, or failure to include sufficient safety information and other warnings.
Who is Responsible?
Because there are so many ways that medical devices can be defective, there are many potential parties that could be responsible. If the device was poorly designed, the company who designed the product may be the party at fault. On the other hand, you may have a claim against the company who manufactured the product if the product was poorly manufactured or assembled. If the issue is with the way the device was marketed and distributed, you may have a claim against those entities involved.
It’s important to note that it’s often unclear at the outset who exactly is responsible for these claims. Initially, it can be a challenge to determine whether the defect was caused by its design, its manufacture, or both. Another reason the liability issue is difficult is due to sophisticated corporate structures of the entities who design, manufacture, and market these devices. These companies go to great lengths to protect themselves against claims, making it quite difficult for most consumers to identify who should be held responsible.
Contact a Georgia Medical Malpractice Attorney
The law firm of Slappey & Sadd has been helping injured Georgians since 1992. Our lawyers are here to help in the event you have been injured due to medical malpractice. Call us at 404-255-6677 or email us via our online contact form in order to schedule a free consultation.