Rochester Medical Malpractice and Personal Injury Lawyer Blog
Typically, when a medical device malfunctions, the manufacturer will be held accountable through a product liability claim. However, in many cases, there is a medical malpractice component to the matter as well. If you or someone close to you has suffered an injury due to a faulty medical device, our experienced Rochester medical malpractice attorneys can help. With years of experience, we understand the nuances of this area of law and can help you understand your rights and options.
A medical device is any instrument or equipment used to treat, diagnose, or prevent a medical condition. The Food and Drug Administration (FDA) is the government body that protects the public from any health hazards that may be caused by a defective medical device. Despite the FDA’s stringent approval process, the reality is that dangerous medical products are often put into the stream of commerce and end up in hospitals, clinics, and even the hands of consumers.
Product liability is an area of law that holds manufacturers and sellers liable for injuries or death resulting from a defective product. When a medical device is inherently defective, you may still have a medical malpractice claim in addition to or instead of a product liability claim. Medical malpractice takes place when a medical professional fails to use the standard of care that another medical professional in the same specialty would have used under the same or similar circumstances.
Even if a medical device is defective, a medical professional still owes the patient a duty to exercise the appropriate standard of care. While the standard will vary depending on the specifics of the case, there is no scenario in which using a medical device without doing due diligence would be considered acceptable. For example, if a doctor or hospital knew or had reason to know that a certain brand of pacemakers had a history of problems, that doctor or hospital may be liable for using that specific brand, since they had reason to know it could injure the patient. In other cases, human error or the improper use of a medical device that is not defective may give rise to a medical malpractice claim.
Once medical malpractice is established, you may be able to recover a variety of damages, including but not limited to lost income due to missed work, medical expenses including costs of future care, pain and suffering, disability, and any other out-of-pocket expenses related to the injury or recovery.
If you or someone close to you has been injured due to a medical device, you need to consult a diligent Rochester medical malpractice attorney without delay. Determining whether your case falls under the umbrella of product liability or medical malpractice can be complex, but we understand how to address this question. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are committed to helping clients pursue the compensation they need for their harm. For more information, call us at 315-479-9000, or you can reach us online.
More Blog Posts:
Diabetes Malpractice in Rochester, Rochester Medical Malpractice and Personal Injury Blog, April 30, 2018
Chiropractor Malpractice in Rochester, Rochester Medical Malpractice and Personal Injury Blog, April 24, 2018
Study Reveals Patient Care Improved Without Threat of Malpractice, Rochester Medical Malpractice and Personal Injury Blog, April 20, 2018
