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Defective medical device and personal injury actions

Medical innovations have redefined treatment plans and even the recovery from health issues and conditions. While this is a positive for patients and medical professionals, there are some downsides. Nothing is ever perfect, and when a medical device is used to treat a patient in Alabama or elsewhere, there are risks associated with it. Thus, when a patient is harmed by a medical device, it could call into question whether the device was defective, the medical professional was negligent or both.

Defective medical device

For medical devices, it is the FDA that regulates both the safety and the effectiveness of the device. Additionally, the amount of control the FDA has over the manufacturer of a medical device is dependent on how likely the device is to cause injury to a patient. Thus the FDA has standards that must be met and labeling and warning requirements. If it is determined that these standards or requirements were not met, this could provide evidence for a defective medical device.

When a patient is harmed by a medical device, it is often questioned whether it was in fact due to defects in the device or was a result of medical malpractice.

Medical malpractice

A medical device could be manufactured correctly with no defects but still result in patient harms because of medical negligence. It is not only the duty of the medical professional to properly use these devices but to also inform their patients of any warnings or risked provided by the manufacturer. Failure to do so could give rise to medical malpractice.

Whether a patient suffers because of a medical device defect or medical negligence, it is important that one understand their options when it comes to protecting his or her rights and interests. A personal injury action to address a product liability or medical malpractice issue may be a necessary step to take. This not only places accountability on the negligent party or parties, but it also helps address the physical and financial harms suffered as a result.