While medical products are always intended to be safe, occasionally a medical device is flawed, which could result in injuring the patient it was designed to help. Defective medical devices can have lasting and serious consequences from injury, chronic pain and unexpected complications to additional surgery and medical care required.
Medical device manufacturers have a legal responsibility to ensure that their products are safe, so when a device fails and causes injury, they can be held accountable. Here’s what you should know if you’ve been injured by a defective medical product.
MEDICAL DEVICE MANUFACTURERS’ RESPONSIBILITY
The Food and Drug Administration (FDA) regulates the safety of medical devices, providing approval that a device is safe and effective before it can be marketed to the public and used by doctors. Although the premarket process to reach approval is rigorous, sometimes all of the risks may not surface at the time the device is approved to enter the market.
Not only do medical device manufacturers have a responsibility to produce a safe and effective product, but they also have a duty to market their product for its approved and intended use. If the risks of a device are not communicated properly or if the product is marketed for a use other than the one for which it was approved, the manufacturer can be held accountable.
The FDA is responsible for issuing a product recall, but often this does not occur until hundreds of people have already been injured. Upon experiencing painful consequences from a defective medical product, a patient might want to consult a defective product attorney to decide on what action to take.
CONTACT A DEFECTIVE PRODUCT ATTORNEY
Defective medial device claims can be quite complex. Establishing legal fault is not always simple, so it’s important to find a defective product lawyer that specializes in medical devices.The defective product lawyers at Roberts & Roberts specialize in understanding the current issues and litigation involved in these types of cases and can help you take action.