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When Can I Sue for a Medical Device Error?

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Categorized as Defective Medical Devices, Defective Products, Product Liability

If you suffered injuries from a medical device, then you may have a lawsuit if an error caused your injuries. The user of the medical device may have admitted the error during the incident. Other errors can be harder to detect, especially if the error is covered up by medical staff. Many internal device errors fit this scenario. Proving a medical device error is the real challenge. Feel free to ask a Kansas City medical malpractice lawyer about your options if this happened to you.

Top Medical Device Error Causes

There are around 5,000 medical devices used every year by thousands of medical professionals. Many medical device errors can be caused by defective parts or a lack of maintenance. However, many other medical device errors can be caused by the person operating the device.

Some of the most common errors caused by users of the medical device are:

  • Failure to follow up on minor malfunctionsWhen Can I Sue for a Medical Device Error?
  • Lack of maintenance and care for the device
  • Not fixing issues that come up
  • Failing to follow proper instructions for safe use

Not all medical device errors are caused by the hospital and clinic workers. Some errors can still happen with workers using the best intentions and protocols. There are other errors that come from the production of the medical device itself. These can be attributed to the medical device manufacturer.

Manufacturer causes include:

  • Poor technology designs
  • Faulty designs or design flaws
  • Manufacturing errors
  • Marketing errors
  • Little to no standardization for production
  • Using cheap materials
  • Not following safety standards

How to Sue for a Medical Device Error

You are probably wondering who you should sue, the device manufacturer or user. This depends on the situation surrounding your injury. In some cases, the cause is obvious. For other cases, the cause can be challenging to pinpoint.

A medical device error caused by a user means the doctor or nurse failed to follow the standards of care. Common actions involved with this include:

  • Not following instructions for proper device use
  • Failing to repair malfunctioning devices
  • Using the device improperly
  • Operating a device with little to no training or supervision

You can sue a medical worker who admits fault or clearly used the device incorrectly. Proving this can be difficult if the medical professional denies responsibility or attempts to hide what happened.

Suing the device manufacturer with a product liability claim comes into play when an error is found in the device. This could mean a design defect, manufacturing defect, or marketing defect. You will need evidence of one of these defects to sue.

Consider contacting a Kansas City malpractice lawyer to see who you can sue and what evidence you need. The right lawyer can help obtain significant compensation.

Kansas City Medical Device Lawyer

No one should have to pay for injuries caused by a defective medical device. You can start by contacting Peterson and Associates P.C. today at 1 (816) 683-3278 to talk to a Missouri medical malpractice attorney for a free consultation. Our Kansas City lawyers might be able to help you obtain compensation for medical bills, pain and suffering, and lost income caused by your injury. We serve clients in Kansas City, Missouri.