Modern medicine has undoubtedly come a long way. There are now many medical devices that can prove lifechanging for patient care and quality of life. Unfortunately, though, sometimes these medical devices that are intended to help patients can actually malfunction and hurt them, causing serious harm or even death. When this occurs, it’s important to understand who to hold liable. Here are the parties who may be held liable for injuries caused by a defective medical device.
1. Manufacturers of the Medical Device
Manufacturers are responsible for designing, producing, and marketing products that are up to the legal safety standards and regulations. Therefore, if there is a defect in the design, manufacturing, or labeling of a medical device, the manufacturer may be held liable for any resulting injuries.
2. Distributors and Retailers
If distributors and retailers were involved with introducing the device to the market or failed to warn consumers of potential risks associated with it, they also may be held liable for any resulting injuries caused by the device.
3. Healthcare Providers
Generally, doctors, hospitals, and other healthcare providers are not held liable for design or manufacturing defects of medical devices. However, they may be held liable if they improperly use the device or fail to properly inform the patient of potential risks and alternatives. This is because healthcare professionals must provide and receive informed consent from patients.
4. Regulatory Authorities
The Food and Drug Administration (FDA) and other regulatory authorities in the United States have an important job of overseeing the safety and efficacy of medical devices. Therefore, if it can be proven that a regulatory authority breached their duty and allowed a defective device within the market, they may be held partially liable for injuries the medical device caused.
5. Testing Laboratories
Another party that may be held liable for injuries caused by defective medical devices is the thirty-party laboratory that tests the device. If the third-party laboratory failed to conduct adequate safety and efficacy testing on the device, approving it, and the device causes harm to a patient, the testing laboratory may be found liable.
6. Suppliers and Component Manufacturers
Sometimes medical devices are made up of various parts from numerous suppliers or manufacturers, these suppliers may be held liable if their part contributed to the device’s malfunction or failure. It depends upon whether their part played a role in the failure of the device.
The attorneys at Rochelle McCullough help those in Dallas who have been injured by a defective medical device
If you or a loved one has been injured due to a defective medical device, it’s important to consult with an experienced personal injury attorney who specializes in product liability cases. They can help you determine who may be held liable for your injuries and guide you through each step of the legal process to seek compensation.
The lawyers at Rochelle McCullough are committed to helping you fight for your rights and the compensation that you deserve. Your pursuit of justice is our priority. To schedule a consultation, contact us today.