If you or a loved one suffered an injury by a medical device or a dangerous drug, you may be able to collect monetary compensation for your injury. The attorneys at Peterson & Associates, P.C. can help you ascertain who is responsible for your injury and help you assess the loss you have suffered.
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Medical devices such as pacemakers and prosthetics are commonly used to improve a patient’s quality of life or wellbeing. Medical devices can also help healthcare professionals diagnose, supervise, and treat medical conditions. All medical devices must be approved by the Food and Drug Administration (FDA) to assess their safety, effectiveness and quality before being sold to the public.
When a medical device does not work as promised, the effects can be damaging and extensive. A medical device that is defective or unsafe can cause serious injury or even death. A defect can result from many things including faulty design and poor manufacturing quality. In fact, the FDA may recall a defective device in an effort to protect the public.
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The chain of events that leads to the use of a particular medical device for a patient usually involves a number of parties. Consequently, it can be difficult to determine exactly who is responsible for an injury. The doctor that prescribed the device may be liable if he or she knew that the device was risky and did not plainly explain the risks to the patient. The hospital, the distributor or the seller that provided the device may be liable.
Most often, it is the manufacturer that is held liable on the basis of defects, inadequate warnings or misleading marketing. Medical device manufacturers have a legal responsibility to make their devices safe, to meet FDA standards and to warn of any risks or side effects involved in using the device. Patients have a right to know the risks associated with a particular medical device so that they (and their doctors) can make informed healthcare decisions.
At the law offices of Peterson & Associates, P.C., we offer free consultations and only get paid if we obtain a recovery on your behalf.