Who is Liable for Injuries Caused by Defective Medical Devices?

Sep 16, 2022 - Defective Medical Devices by Cross & Smith

Medical devices are often used in modern medicine and can save lives or increase the quality of life for persons that use them. Unfortunately, sometimes these devices are defective and cause more harm to a patient. When this happens, it is important to determine who is at fault for the defective medical device so they can be held liable for the damage it has caused. As it is often a difficult determination to make, engaging the assistance of a Tuscaloosa accident attorney is the best route to take. Following are some of the people and entities that are often liable for injuries caused by defective medical devices.

The Designer of the Device

If the original design of the device is defective, then the person or entity responsible for the design may be held liable for any injuries that result from the defect. This is rarely the cause of a defective medical device, but when it is, it is generally because the design phase was rushed and not enough time was spent to ensure the design was effective.

The Manufacturer of the Device

Manufacturers sometimes cut corners to speed the production of a medical device or use inferior products when producing a device. When this happens, the device may not be as safe or reliable as it should have been, resulting in injuries to those that use it. 

The Medical Professional that Used the Device

Medical professionals are under a duty to explain what a device is capable of to their patients. When they fail to warn their patients of the dangers associated with a particular device, or they make false claims regarding what a device is capable of, a Tuscaloosa accident attorney may hold them liable when injuries occur as a result of the use of the device.

The Distributor of the Device

Distributors of medical devices are often eager to push their products. Some are so eager they do not correctly represent what the device is capable of performing. When they do this, and injuries result, the distributor may be held liable. Also, inadequate storage and shipping of medical devices can sometimes lead to their being defective. 

The Medical Facility that Approved the Device

Some hospitals are for-profit, and when these facilities recommend a product that is not the best for a patient they may be held liable if that recommendation results in the patient suffering an injury. Proving the liability of a medical facility can be difficult and is a matter to discuss with your Tuscaloosa accident attorney.

Speak With A Tuscaloosa Accident Attorney At Cross & Smith, LLC

If you or a loved one has been injured by a defective medical device, speak with a Tuscaloosa accident attorney at our firm. We are legal professionals experienced in helping people injured by defective medical devices recover the compensation they are owed. We can be reached by calling 877-791-0618 or via our contact page.