Legal Options for Medical Device Injury Victims
If you have been injured by a medical device, you may qualify for financial compensation. Depending on the cause of the device malfunction or error, you could file a lawsuit against the healthcare professional responsible for the error, or you could file a lawsuit against the manufacturer of the defective device.
In situations where the device error occurred due to the actions of your doctor, nurse, or other healthcare provider, you could file a medical malpractice lawsuit against him or her. For example, say that you are undergoing laparoscopic surgery and your surgeon is using a robot to perform the procedure. However, he or she lacerates one of your organs while using the device, causing internal bleeding and additional complications. In this situation, the actions of the surgeon are responsible for your injury and he or she would be liable for your damages.
In cases where the error occurred due to a hardware or software defect with the medical technology, you could file a product liability claim against the manufacturer, retailer, or distributor of the device. For example, say that you are receiving medication through an infusion pump and your doctor inputs the correct dosage into the device. However, the device contains a software issue that changes the concentration of your medication, causing you to overdose. In this situation, the device itself is to blame for the error and you would file a lawsuit against the manufacturer, not your doctor.
