Can I Sue If I’m Injured by a Defective Medical Device?

Posted on April 20, 2016 at 11:24am by

medical-malpractice-examplesSome people require the assistance of medical devices to stay healthy, or alive, but a defective medical device can make things much worse for the patient. If a patient does end up being injured due to a defective medical device, they may be able to sue the hospital, or the manufacturer for damages caused.

What Is a Medical Device?

A medical device is any machine or tool used by doctors or healthcare personnel to treat an illness, injury, or disability. Commonly used medical devices include:

  • Dialysis machines
  • Defibrillators
  • Contraceptive devices
  • Stents
  • Pacemakers
  • Implants (such as hip replacements)

How Can a Medical Device Be Defective?

Generally, there are three ways that a medical device can be defective:

  • Design Defect –A design defect includes devices that were made correctly, but have a flaw which can cause serious injury.
  • Manufacture Defect – a manufacturing defect can include mistakes made during manufacture, shipping, or while it is in the hospital. Essentially, manufacture defects can result from any mistakes or errors made from the time the device was made until it comes to the patient.
  • Marketing defect – If a medical device is marketed for a use other than how it was originally intended, that could also be the basis of a defective medical device lawsuit. Also, a lack of warning against improper use can also be a marketing defect.

Who is Responsible for Injuries Caused by Defective Medical Devices?

Depending on the type of defect, and where the defect originated, a patient or their family hold any of the following accountable:

  • Manufacturer
  • Device wholesaler
  • Doctor
  • Hospital
  • Testing lab
  • Device Sales representative

To discuss your options going forward after sustaining an injury due to a defective medical device, call or fill out an online form for a free consultation. The Cape May personal injury attorneys at Targan & Pender PC have a wealth of experience dealing with defective medical device lawsuits and are here to help you.



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