Residents in New Orleans have a broad range of medical needs. In some cases, this goes beyond just surgeries and medications. Some patients require the assistance of medical devices to help them with ailments and conditions. While these devices can be very effective and necessary, they do not always work as intended. In some unfortunate cases, a defective medical device could cause harm and risk the life of a patient.
When a medical device malfunctions, many questions come to mind. Was it improperly placed by a negligent medical professional, thus causing a medical malpractice situation? Or was the defective medical device related to errors and mistakes in the design and manufacturing phase, thus giving rise to a products liability claim?
Once the cause and liability is determined, an injured party must aware of the statute of limitation for this type of claim in the state that is occurred. If it is determined that it is an action involving a defective medical device, then an injured party has a fixed amount of time to bring a products liability suit.
When seeking damages for a defective medical device, it is essential to understand the regulations passed regarding the specific medical device in question. The FDA regulates bot the safety and effectiveness of medical devices; therefore, the amount of control an FDA exercises over a specific medical device depends on the likelihood of that device causing harm or injury to a patient. Even more so, the FDA has certain standards and practices set when it comes to manufacturer compliance. If it is determined that a defect what caused by lack of compliance, this could be used to hold that manufacturer liable.
A defective medical device could cause a patient much pain and suffering. A dangerous product, such as a defective medical device, could cause an individual much damage. It is likely to result in extensive medical bills and other losses. A products liability claim could help the injured party collect compensation for these damages.
Source: Findlaw.com, "Medical Product and Device Defects," accessed Feb. 4, 2017