Can You File a Medical Malpractice Claim After a Medical Device Failure?

When a medical device malfunctions, the consequences can be severe. A patient may suffer new injuries, deteriorating health conditions, or even die. If you or a loved one has been harmed due to a medical device malfunction or because a medical device did not work as expected, you may be wondering if you can file a medical malpractice claim. Whether or not you can file a medical malpractice claim after a medical device fails depends on several factors, including who is responsible for the failure and whether medical negligence was involved.

What Is a Medical Device Failure?

A medical device failure is when a medical device fails to operate correctly. Any medical device can malfunction, including ventilators, pacemakers, implants, blood pressure monitors, oxygen sensors, and insulin pumps. Medical device failure can happen in many ways. Examples include:

• The device malfunctioning during operation
• The device deteriorating or breaking sooner than expected
• The device causing unintended injuries or side effects
• The device failing to deliver the expected results

Medical devices can fail unexpectedly for many reasons, including design flaws, manufacturing defects, improper usage, or lack of proper maintenance.

When Can You File a Medical Malpractice Claim?

Not every instance of medical device failure qualifies a person to file a medical malpractice claim. Medical malpractice arises when a healthcare professional, such as a doctor or nurse, acts in a manner that falls below the acceptable standard of care, and the patient suffers harm. Therefore, for a medical malpractice claim to be valid after a medical device failure, a healthcare provider must have acted negligently, and this negligence must have directly contributed to the harm suffered.

The following are some scenarios where you may have a valid medical malpractice claim after a medical device failure:

• Improper installation or use of the device
• Failing to monitor the patient for complications after device installation
• Ignoring known risks or warnings regarding the device’s safety
• Ignoring clear signs of malfunction
• Using an outdated or recalled device

Product Liability Cases

When a medical device fails and causes harm, and a medical professional is not to blame, you might have a product liability claim. Product liability claims arise if the issue is with the device itself. For example, if the device failed due to a design or manufacturing defect, you might have a product liability claim against the device’s manufacturer.

Can You File Both Cases?

In some cases, you might have both medical malpractice and product liability claims. For example, if the device had a design defect and your doctor used it improperly or installed it incorrectly, you could possibly hold both the manufacturer and your doctor liable.

Steps To Take if You Suspect Medical Device Failure

If you believe you or your loved one suffered harm due to a medical device failure, here are some crucial steps to take:

• Seek immediate medical attention
• Keep the device
• Maintain detailed documentation
• Consult a medical malpractice lawyer

A skilled medical malpractice attorney can help you determine if you have a medical malpractice claim, product liability, or a combination of both. They can gather evidence and help you pursue the compensation you deserve.

Contact Us for Legal Help

If a medical device has harmed you or a loved one, contact our Atlanta medical malpractice attorney at Carroll Law Firm today at 404-816-4555 for legal guidance.