Medical Malpractice and Defective Devices
All medical professionals, including surgeons, physicians, nurses, and medical assistants, have a duty to provide a certain standard of care to a patient. If a medical professional deviates from this standard of care and harms a patient, he or she may be liable for medical malpractice.
Common examples of medical malpractice include the following.
- Misdiagnosis or failure to diagnose a condition
- Committing an error while performing surgery
- Misreading laboratory test results
- Failure to provide proper aftercare
- Performing surgery in the wrong location
- Failure to assess a patient’s medical history
- Prescribing the wrong medication or dosage
Doctors must exercise the appropriate standard of care while using or implanting the device. If you can prove that the at-fault medical professional failed to uphold this standard, you could hold him or her liable for any injuries you sustained.
For example, if a doctor was aware that a device was defective and chose to use it anyway, he or she would likely be liable if the device malfunctions and harms you. If a doctor failed to warn you of the device’s potential dangers or provide you with adequate instructions on how to use or care for the device,, he or she would also be liable for your injuries.
When a medical device fails, it is important to understand the underlying cause of the failure. If the defect occurred due to the actions of the manufacturer, you would likely file a product liability claim. If the defect would not have happened but for the actions of your healthcare provider, he or she would likely be liable for medical malpractice.
