Medical Malpractice Claims for Defective Medical Devices

Medical devices can be lifesaving medical tools. A well-designed and manufactured medical device that is sterilized, used and monitored correctly can be an indispensable tool to help doctors diagnose and treat patients. When defective medical devices are used or negligent care is provided, however, there is risk of harm to the patient.

If you or a loved one has been injured or suffered other damages such as pain and suffering and lost wages because of a defective medical device or the improper use or monitoring of a medical device, you may have a defective product liability claim or a medical malpractice claim. Speak to an experienced medical malpractice lawyer to discuss your injuries and damages and your legal rights.

What is a medical device?

A medical device is defined within the Food Drug & Cosmetic Act as “…an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article…intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease”… in a patient.

Types of medical devices

Diagnostic medical devices such as stethoscopes (that allow medical providers to listen to the sound of the heart and lungs) and sphygmomanometers (that measure blood pressure) are commonly used in well-check appointments because of their value in catching symptoms such as high-blood pressure and fluid in the lungs. The symptoms are assessed so the health care provider can diagnose a disease or illness and/or refer the patient for further testing or to a specialist. A specialist may use additional medical devices such as magnetic resonance imaging (MRI) to further assess symptoms. Other types of medical devices are used to treat or manage a health condition. Examples of this type of medical device include orthopedic pins, surgical lasers, stents, pacemakers, vascular grafts, and intraocular lenses.

If the medical device is defective or not used properly then symptoms may not be discovered, which potentially delays diagnosis and treatment and hurts the patient’s health. In some cases, it can even lead to a life-threatening situation.

Causes of medical malpractice claims for defective medical devices

In some cases, negligent care is the cause of defective medical devices. Examples of negligent care involving a medical device include:

• Failure to sterilize a medical device that is inserted or implanted into a patient’s body which can lead to deadly infections.
• Failure to insert or implant the medical device properly which can lead to rejection of the device and a worsening health condition.
• Failure to properly monitor the medical device to ensure correct function after insertion or implantation can cause a worsening health condition.
• Knowingly implanting a defective medical device.

In some cases, medical devices are defective. Types of defective medical device cases include:

• Defective manufacture.
• Failure to provide adequate warnings or instructions about the proper use of the product.
• Defective product design.

The Seattle personal injury attorneys at Morrow Kidman Tinker Macey-Cushman, PLLC have years of experience representing families harmed by medical malpractice and other types of negligence. We seek justice for patients who have been harmed by preventable medical errors including birth injuries, hospital-acquired infections and wrongful death in Seattle and across Washington State. There are no fees or expenses to file a personal injury case as we only receive payment if we recover damages on your behalf. Do not delay; personal injury claims come with a Statute of Limitations, which means they must be filed within a certain time frame of the injury.

Call us now at (206) 752-4366 or contact us online to schedule a free consultation with one of our compassionate, experienced attorneys.