malfunctions and user errors
The lawyers at Wormington & Bollinger are committed to getting justice for those affected by device-related injuries.
A medical device malfunction is not only an inconvenience for a patient, but these problems can result in serious health consequences at times. Are you experiencing any suffering or complications from the use of a medical device? Then the best thing you can do is reach out to a device malfunction attorney to learn more about your legal options.
Our team at Wormington & Bollinger is here to assist. We have worked with medical device victims for many years, helping people get access to the compensation they deserve. It’s important to build a strong product liability claim to prove your case and help you get financial compensation to cover medical costs and more.
Common Causes of Medical Device Malfunctions and User Errors
According to the Food and Drug Administration (FDA), a medical device malfunction occurs any time a medical device contributes to injury or death for a patient. There are a variety of conditions that could cause these issues, including:
- Device Failure or Malfunction:
The device is designed to work a certain way, but it fails to offer the desired results. Either the device doesn’t work correctly from the beginning, or something happens and the device starts malfunctioning. - Improper Design:
The quality of manufacturing is an essential element that plays a role in the success of a medical device. Poor design or a manufacturing issue could have a negative impact on the performance of the device, causing injury or harm to the patient. - Labeling Issues:
If a patient has a medical device, then it’s essential that they have sufficient and proper information about the ideal way to use it. The manufacturer is responsible for providing this information to each patient in a clear and understandable format. - User Error:
Sometimes doctors misuse a medical device, which causes injury to the patient receiving treatment. Medical professionals should be well-trained, especially when they are using devices that could result in harm.
While there are many potential benefits through medical devices, the risk of injury can also increase when these products are used. The hope is that a medical device will improve a person’s life. Unfortunately, there are times when the device results in more serious injuries that can hinder a patient’s mobility and overall health due to complications.
How These Medical Device Issues Affect Patient Safety and Well-Being
Medical devices should be trusted and reliable, especially since they go through rigorous testing and are regulated by the FDA. If a malfunction occurs, then the resulting injuries can be quite serious – and even life-changing for the victim. Patients are trusting doctors, hospitals, and healthcare manufacturers to provide quality products and services, so it can be quite a shock to experience a device issue that causes harm or injury.
Not only can a device malfunction attorney offer advice about the best recourse for resulting injuries, but they also offer the encouragement needed to find hope in recovery. A user error lawsuit can be the best course of action to ensure that you have the necessary resources and financial support during your recovery.
Your Legal Options for Medical Device Malfunctions
Should you move forward with a product liability claim after a medical device malfunction or user error? The best thing you can do is consult with an attorney who has experience with these types of cases. Depending on your situation and the device, you might have a solid argument to ask for compensation for your injuries.
For example, if the FDA has found a substantial problem with this specific medical device, then a recall might be issued. In this situation, if you are still using the device or you’ve experienced injury from the device, then you have strong evidence showing the manufacturer’s liability.
Our team at Wormington & Bollinger is here to help you navigate the legal steps necessary for filing a user error lawsuit. Contact us to schedule a no-obligation consultation so you can learn more about your legal rights.
It’s important to collect as much information as possible, including documentation of your injuries, medical records, how your life is negatively impacted, and product-specific details (such as manufacturer’s information and whether the device has been recalled). An experienced device malfunction attorney can help you build a strong case.
While many people have successful outcomes using medical devices, an estimated 10% of patients experience complications. These issues can range from mild to severe or even life-threatening. The victims often have life-changing implications that they are dealing with for the foreseeable future.
There are several parties who could be found liable, including the doctor who used the device, the manufacturer, the device supplier, and/or the hospital or medical clinic. It’s essential to establish liability to determine who needs to compensate the victim. Sometimes, multiple parties are listed in a device malfunction lawsuit.
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