Medical devices are wonderful tools for treating and preventing medical conditions, as well as saving lives. Still, just like any other product, a medical device can be defective. Unfortunately, a defective medical device can cause extensive harm and even death.
If you or a loved one have suffered harm as a result of a defective medical device, you may have a claim for product liability. Determining who is liable for the defect is one of the most important parts of a lawsuit for financial compensation.
Types of Defective Product Claims
Every product liability case is unique. It’s necessary to determine what type of claim you have, as this can help give you some direction for your case. There are three major types of product defect claims.
The first is the design defect. All products start with a design; when that design is faulty, problems can occur after the consumer gets the product in their hands.
The second claim type is a manufacturing defect. Manufacturing a product requires much care and precision. A defect caused during this process can eventually lead to harm.
The third and final product defect claim type is a failure to warn. Manufacturers have a duty to provide instructions and warnings for every product. Failing to do so can end in injury to the consumer.
Figuring out the cause of the defect and the type of case you have can indicate who may be financially liable to you for your injuries and losses.
Liability for a Defective Medical Device
Several parties can play a role in a defect that causes you harm. To ensure you’re holding the right party liable for your injuries, your attorney can conduct a thorough investigation. The following are some of the parties most often involved in defective medical device cases.
The Designer
When a medical device’s design is the cause of a dangerous defect, the designer of the product can be held liable.
When the design of a product is defective, it’s often because the designer was rushed and failed to put enough time into ensuring their idea was effective. This is particularly problematic for medical devices because they are so critical to the recipient’s life and well-being.
The Manufacturer
Product manufacturing can be hectic, especially when a product is mass-produced. There is plenty of room for error, and sometimes these errors can cause injury to consumers.
Even the smallest mistake or shortcut can result in a defective device. Therefore, when a medical device becomes defective during the manufacturing process, the manufacturer can be held responsible.
The Distributor
Distributors of medical devices are usually eager to push their products and sell as many as possible. While this isn’t necessarily a bad thing, it often causes distributors to misrepresent their product and oversell its capabilities, which could result in harm to the consumer.
Additionally, inadequate storage or mishandled shipping on the distributor’s part can cause medical products to become defective. These actions further increase the chances of injury.
The Medical Professional
Medical professionals who use or install medical devices have a duty to give their patients all the relevant information regarding the product, including warning of potential dangers. Failing to do so can cause significant harm to the patient.
Consult With a Product Liability Attorney
If you or a loved one have sustained injuries as a result of a defective medical device, time is limited. Do not wait to discuss your case with an experienced product liability attorney. A lawyer can take the necessary steps to determine liability for your case and fight for your right to just monetary recovery.
Hunt Law is a personal injury law firm dedicated to helping those injured by defective products. We serve clients throughout Northern New Mexico and Las Vegas, NV. Contact us today to request a consultation.