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When a medical device causes an injury, who is responsible?
If you have been injured by a medical device, there are a number of different parties you may sue, but ultimately, you will likely sue whichever party is responsible for the injury in the chain of events that led to your use of the medical device. For example, you may be entitled to sue the doctor who prescribed the medical device if that doctor knew the device was dangerous and prescribed it without clearly explaining the side effects to you.
Or, if negligent insertion of the device caused the injury, a medical malpractice suit can be filed. For instance, if you had to go through a second hip replacement surgery because your physician negligently failed to properly place and connect your synthetic hip joint.
You may also sue the pharmacy or hospital that provided you with the device that caused the injury.
You can also sue the manufacturer or seller of the medical device. It may be that the medical device has manufacturing defects, that the warnings or labeling were inadequate, or that the marketing was misleading. To illustrate: if you had a heart pump inserted at a hospital, and the pump did not work right because the manufacturer had attached one of the pieces of the pump on backwards, you could bring a suit against the pump manufacturer. Or, if a pediatric heart monitor company made unsupported claims that its monitor protects children against SIDS, you may have a product liability claim against the manufacturer.
If there is a successful result to your lawsuit, your money damages can include reimbursement for medical expense, compensation for future medical expenses, pain and suffering, lost income and lost earnings.
If you have suffered injury due to the negligence of medical professional, seek the advice of an experienced medical malpractice attorney right away. If you were injured by a defective medical device, you might also want to consult with a product liability attorney in your area. |
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