Dallas Defective Medical Device Attorney
Medical devices are responsible for keeping people safe and healthy as well as saving lives. Unfortunately, sometimes they cause grievous harm to patients. When a defective medical device harms a person, it can cause intense pain, require serious medical intervention, risk the patient’s life, or leave permanent damage.
Every company that manufactures consumer products must take several steps to ensure the safety of the end users of those products. This involves careful testing in the design and development stages, thorough quality assurance testing, accurate and comprehensive instructions for use, and warnings of potential risks. Medical devices are particularly bound by these requirements. Since the job of these devices is to save lives, medical device manufacturers must abide by strict regulations and conduct constant quality assurance testing to be certain their devices pose no risk to medical patients.
In order to determine whether a medical device is defective, your attorney will need to establish what kind of defect exists. Medical devices may be defective in any of three possible ways:
- Design. The product is inherently dangerous due to its conception and design. This may be due to a structural issue with the device’s construction, or the materials used to craft the item. This type of defect would likely result in a total recall of all similar products.
- Manufacture. There was a problem in the production of the device that only affected one or several lots of the product. If a court determines the defect appeared in the manufacturing phase, the manufacturer will need to recall the affected lots.
- Marketing. Companies have a legal obligation to advertise products accurately, fully represent the item’s range of intended uses, and provide the end user with clear instructions for use and warnings against improper uses or any potential risks associated with intended uses of the product.
If a defective medical device injures you, your case will function on the premise of product liability law. This means your attorney will need to establish that the device that injured you was indeed defective and directly caused your injury. It’s vital to recognize the difference between an injury caused by a defective medical device and one caused by physician error.
When a doctor or surgeon makes a critical error out of negligence and harms a patient, it is medical malpractice. When a medical device causes an injury to a patient, the health care professional using the device is held accountable only if he or she is found to have been negligent, and that area of the case will function under personal injury and medical malpractice law. It’s quite possible for a case to entail a defective medical device and medical malpractice, if another reasonably skilled doctor would have recognized the problem with the device and prevented the injury. Your attorney will help you sort out the details of your case and determine the best approach to your claim.
Winning Your Case
Winning a lawsuit against a defective product manufacturer largely depends on your attorney’s ability to prove that the manufacturer was irresponsible in its development, creation, handling, or advertising of the device in question.
Additionally, you may need to file a claim against one or several of the entities in the chain of distribution between design and use. This could mean your attorney will file a complaint against the manufacturer that made the device, the quality assurance laboratory responsible for testing the device, the sales representative who sold the device, the doctor or health care professional who used the device in your procedure, or the hospital where you recovered.
Contact the Law Office of Stephen W. Shoultz to set up a consultation today if you live in the Dallas area and have injuries from a medical device. These cases can be complex, but our team of attorneys has the experience and tenacity to pursue justice and fair compensation on your behalf, and to hold the parties responsible for your injury accountable for their actions.