Medical Device Defects, Failures, Negligent Maintenance
Medical devices such as medical monitoring equipment, internal heart defibrillators, pacemakers, stents, hip implants and knee replacements, among others, may fail for a variety of reasons. When they are inserted improperly, not maintained properly or when a surgeon does not follow a manufacturer’s instructions or warnings, a medical negligence action may be appropriate.
Of course, medical devices can also be defectively manufactured or designed so as to make them unreasonably dangerous, in which case a product liability lawsuit can be brought when these defects cause injury. (See Hannon & Boyers, Product Defects/Liability) It takes a lawyer experienced in both areas – defective products liability and medical malpractice / medical negligence – to know the type of case that should be pursued. Which type of case is brought is extremely important for a number of reasons. First of all, the statute of limitations is typically shorter in a malpractice action and there are a variety of evidentiary and procedural differences that apply depending upon the type of case that is brought.
If you or a loved one has been injured by a medical defect and you would like to speak with an experienced medical malpractice lawyer, please contact us to speak to one of the medical defect lawyers at Hannon & Boyers, for a free consultation about your legal rights.