Albany, NY Dangerous Medical Device Lawyers

A medical device, by definition, is an appliance used for patient care that does not use a chemical reaction to work. It’s medical treatment without medication. A medical device fails when it does not adequately perform its intended function.

Medical devices may fail because of a mechanical or software problem, or the failure of an electrical component. They can also fail because of problems with the materials that make up the device. Others are defective in their design.

Common reasons for medical device failure include:

• A design defect.
• A manufacturing problem.
• Improper handling or misuse of the device.

The Food and Drug Administration (FDA) approves medical devices, but it’s ultimately up to the manufacturers of medical devices to ensure that they are safe.

The FDA allows for fast-tracking of a medical device’s approval if it is based on a similar, already-approved device. That’s true even if the existing device has been linked to problems or voluntary recalls.

In the end, manufacturers may be held legally responsible if their defective product causes harm to a patient even if it has been FDA-approved.

If you have been harmed by a defective medical device, you may have a legal claim for compensation. Often, these cases are product liability claims against the manufacturer of the device. They are subject to product liability laws – the same ones that protect people against dangerous toys, medications and cars.

In many situations, thousands of people have been affected by the same defective medical device. This could lead to a class-action lawsuit, where the injured parties join together in one lawsuit against the manufacturer. In other cases, plaintiffs will retain their individual claims, but they will be heard by one judge in one court. This is called “multi-district litigation,” or MDL.

Sometimes, a medical provider makes a mistake when installing or prescribing a medical device. Even though the device works as it should, complications and other problems develop. The injured person could bring a medical malpractice lawsuit in cases such as this.

If you think a defective medical device caused your injuries, it’s important to contact a qualified lawyer who handles product liability and medical malpractice cases as soon as possible. You and your attorney will need to start an investigation and gather medical information and evidence to support your legal claim.