When doctors treat patients using medical equipment, patients assume that the devices will help them recover and treat their injuries. When manufacturing or design defects cause medical devices to injure patients, patients may have a right to pursue compensation. Under New York law, victims of defective medical equipment can pursue compensation for their past and future medical expenses, lost income, pain, and suffering, and more.
The medical equipment attorneys at Dell & Dean, PLLC have extensive experience recovering compensation for victims of defective medical equipment. If you have been harmed by a defectively designed or manufactured medical device, the attorneys at Dell & Dean, PLLC are prepared to advocate for your right to compensation. We only charge clients for legal expenses and costs once we obtain compensation through a settlement or court award. Contact Dell & Dean, PLLC to schedule a consultation with one of our skilled attorneys.
Types of Defective Medical Equipment
Any medical device has the potential to be designed defectively or manufactured in a way that makes it defective. However, several common devices are more prone to defects than others, including ventilators, heart valves, pacemakers, hip devices, and prosthetic knees. Although the United States Food and Drug Administration (FDA) must review and approve medical devices and related products before manufacturers can sell them, it doesn’t guarantee the devices won’t cause harm.
Despite the FDA’s regulations, the agency can’t entirely prevent defective products from reaching the market. Even if the FDA approves a medical device, it’s not an absolute assurance that it’s safe to use. When defective medical equipment causes illness, injury, or death, the manufacturer must submit a Medical Device Report (MDR) to the FDA. Every year the FDA releases approximately 100,000 MDRs. Some of the medical devices that are more commonly prone to defects include the following:
- Extratech knee joint replacements
- Biomet hip joint replacements
- AMS transvaginal mesh
- Hip implants and hip systems
- Triaminic vapor patch
- Knee systems
- Talc baby powder
- Zofran
- Taxotere
- Defibrillators
- Cochlear implants
- Metal-on-metal hip replacements
- Defective drugs
- Insulin pumps
Physicians Must Prescribe Devices for Approved Uses
The FDA approves medical devices for specific medical purposes. Doctors should use medical devices as they are intended to be used. When a physician prescribes a medical device for non-approved use, the patient can suffer injury or harm. Doctors have a legal obligation to ensure that they are prescribing and using medical devices in a way that won’t cause harm to patients. When doctors negligently employ medical devices and a patient becomes injured due to their negligence, the patient can pursue a medical malpractice claim against the doctor.
Why Are Defective Medical Devices So Dangerous?
The consequences of defective medical devices can cause catastrophic or fatal injuries. When medical devices are defective, the patient may need to undergo surgery to remove the defective device. It may take weeks or months for the patient to begin feeling pain. They may not realize that the medical device is causing their symptoms until the symptoms become significant. Medical device defects can sometimes even cause the patient’s death.
Even after a reparative surgery, patients may suffer permanent damage due to defective medical devices. For example, defective implants can cause permanent nerve damage and ruptured blood vessels. Permanent internal injuries can also explode within a patient’s body. After the defective joint devices have been removed and replaced, the patient may continue to suffer painful mobility issues that render them unable to earn a living full-time.
Proving Medical Liability in New York
Recovering compensation for injuries caused by defective medical equipment requires the patient to prove liability. The attorneys at Dell & Dean, PLLC have the professional network and experience to investigate your case’s facts and determine which party or parties are liable for your injuries. Manufacturers of medical devices who produce defective devices are financially responsible for the injuries their products cause patients. Under New York law, manufacturers have a legal obligation to produce safe products for consumers.
When a medical device is defective, manufacturers have a legal obligation to warn consumers properly of the potential dangers associated with a product. Unfortunately, many medical manufacturers decide not to use product recalls for defective medical devices even when they know they are defective.
Holding Medical Professionals Liable for Damages Caused By Defective Medical Devices
In addition to medical manufacturers, medical professionals may be liable for damages caused by defective medical devices. For example, if a medical professional recommends that a patient use a defective medical device, the medical professional also bears responsibility for the damages caused by the device. When a professional improperly installs a medical device into a patient’s damage, the patient can suffer injuries. If a surgeon improperly installs a knee joint replacement implant, the patient can pursue compensation from the surgeon for the swelling, loosening, or other complications caused by the knee joint.
Damages Available in Defective Medical Device Claims
The purpose of pursuing a medical device lawsuit is to obtain compensation for the damages you’ve suffered. The funds you may be able to obtain in a lawsuit will put you in a similar place you were before the defective device caused you harm. No amount of money can fully compensate for the pain and suffering you and your loved ones have endured. However, compensation can help you move forward financially and obtain the medical treatment you deserve. The following money damages may be available:
- Medical expenses, current and future
- Lost wages
- Loss of earning capacity in the future
- Pain and suffering
- Loss of consortium
Contact a Defective Medical Device Attorney in New York
If you or your loved one has suffered an injury caused by a defective medical product, you will benefit from discussing your case with an experienced attorney. The Garden City, New York attorneys at Dell & Dean, PLLC are prepared to learn more about your case and help you understand your legal options.
If you have a valid claim for compensation, we will work with medical and financial experts to carefully evaluate the total value of your claim and begin negotiating for a full and fair settlement amount. Contact Dell & Dean, PLLC to schedule a complimentary, no-obligation case evaluation.
