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Who Is Liable When a Defective Medical Product Causes Harm?

Feb 11, 2019

What do you do when you, or someone you love, experiences the impacts of a defective medical device? You’ve already gone through enough and you were hoping that the device prescribed to you would help you get better.

Unfortunately, defective medical devices are far too common and individuals are hurt more often than they should be. When this happens, it’s important to understand what legal action can be taken and who may be considered liable for the damages.

When the Manufacturer Is Responsible

In nearly all matters of defective medical devices, the manufacturer has some kind of responsibility and is most likely held at least party liable for the actions that caused significant injuries. This may be due to manufacturing error, design defects, or a failure to warn.

The manufacturer may also be liable when they take steps to bypass the Food and Drug Administration testing process in order to get their device on the market sooner.

When the Doctor Is Responsible

There are various instances in which a doctor can be responsible 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 to the patient and still prescribes the defective device, the doctor can be held liable.

When a Medical Facility Is Responsible

Much like sellers and distributors, a medical facility can be held liable should they allow the use of the defective medical device in their hospital without explaining the potential risks to the patients. This means they knowingly allowed a dangerous item to be used in various procedures and potentially put patients at serious risk.

At Peterson & Associates, we know the various parties who may be responsible for the damages you have sustained. Trust that we work with you to put together a strong case on your behalf and pursue the compensation you deserve.

When it comes to the rights of those injured, our Kansas City defective medical device attorneys are here for you every step of the way.

Call our firm today at (816) 298-8708 if you believe you have a case.

Contact Our Law Firm for a Free Consultation

Peterson & Associates, P.C. provides free consultations when you call or contact us online.

Our law office is located in Kansas City, Missouri at:

Missouri’s Country Club Plaza 801 W. 47th Street, Suite 107, Kansas City MO 64112.

We do not charge our personal injury clients a fee unless their case is won, so there is no fee unless we win your case. Get in touch with us today as the first step in your pursuit of justice!

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