What You Need to Know if You Were Injured By a Defective Implant
Many patients are recipients of surgically implanted medical devices, such as hernia meshes, IVC filters, and artificial joints. But when these devices are defective and cause serious injuries to the patient, who is responsible for the damages? It is often assumed that a defective implant injury is a medical malpractice case, but really, it is usually more likely a product liability case.
Continue reading to learn the difference between product liability and medical malpractice liability, as well as the most common types of implant defects that can cause serious injuries to patients.
Product Liability and Medical Malpractice
When a surgically implanted medical device is inserted in a patient, so long as their medical teams and doctors were not negligent in the process, they are not liable for any defects that occur within or from the device. In such a case, it is most likely the manufacturer’s fault. If the health care provider was negligent or careless in some way, and their negligence was a responsible cause of a patient’s injuries, they too could bear responsibility for their negligence.
So long as the health care provider acted reasonably and in line with the medical standard of care, they would not be responsible for a defective medical implant.
If the medical device is defective or dangerous, and the patient is harmed as a result, the manufacturer would be liable, and a product liability case could be pursued.
Medical Implant Defects and Liability
There are several different types of liability when it comes to defective products and their manufacturers. As for surgically implanted medical devices that are dangerous and defective, there are 3 types of liability: design defects, manufacturing defects, and marketing defects.
► Design Defects – When a medical device is manufactured correctly, but the design of the device is intrinsically dangerous, it is considered a design defect. In the case of surgically implanted devices, design defects are not a common occurrence. Most often, medical devices are not accused of design defects but it can and does happen.
► Manufacturer Defects – When a medical device is designed properly, but the manufacturer does not adhere to the specifications of the design and/or manufacturers it incorrectly, it is deemed a manufacturing defect. In these cases, the incorrect manufacturing prevents the device to work as intended, thus causing serious harm to recipients of the device.
► Marketing Defects – A marketing defect can occur when a medical device’s instructions or advertising campaigns are incorrect, thus posing dangers to patients. For instance, if a medical device manufacturer fails to warn recipients about possible side effects or any concealed dangers that can result from using the device, this could be deemed a marketing defect.
Do you believe you or someone you love is a wrongful victim of a defective product? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn your eligibility for pursuing a product liability claim in Indianapolis, today. We represent clients all throughout the state of Indiana.
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