When a defective medical device injures you or someone you love, what are your options for restitution and justice? It’s disheartening to know that after everything you’ve been through already, there’s more damage to repair and further complications to deal with for weeks—maybe even months. An experienced defective medical device attorney in Kansas City can help determine liability when a device causes harm. You deserve to know what legal action is available to you and what party is ultimately responsible for your damages.
Determining Liability: When the Manufacturer Is Responsible
In nearly all matters of defective medical devices, the manufacturer has some kind of responsibility. In fact, it’s most likely held at least partially liable for the actions that caused significant injuries. This may be due to three main types of defects: design, manufacturing, or a failure to warn.
The manufacturer might also be liable when it takes deliberate steps to bypass the U.S. Food and Drug Administration testing, review, and approval process in order to get its device on the market sooner.
Holding a Doctor Responsible for Defective Medical Device Use
There are various instances in which a doctor can be found at fault for injuries caused by a defective medical device. For instance, if the doctor knows of the dangers involved with the medical device, but fails to explain them to the patient and still prescribes it, this is considered medical malpractice.
When Is a Medical Facility Responsible?
Much like sellers and distributors, a medical facility such as a hospital or clinic can be held liable if the use of the defective device is authorized without disclosing the potential risks to patients. This means executives knowingly allowed a dangerous item to be used in various procedures and put patients at serious risk.
Proving liability in defective medical device cases can be challenging, as there are multiple points of evidence that need to be presented. Make sure when hiring an attorney that they not only have the skills to present your claim but also defend it in court, if necessary.