Almost any medical device can cause an injury. Medical devices are designed to treat medical conditions; however, some of those devices cause more harm to the patient. When a medical device causes an injury, it is important to determine if the medical device was defective or if the medical provider committed malpractice when using the device.
You cannot recover compensation for your injuries unless you identify the exact cause of your injury and who is responsible for the injury. Our New York medical malpractice attorneys investigate injury claims involving medical devices to help victims recover compensation for their injuries, losses, and damages.
Common Medical Devices That Can Cause Injuries
Whether it is through medical malpractice or because of a defective medical device, some of the most common medical devices that can cause injuries include:
- Transvaginal mesh and surgical mesh
- IVC filters
- Hip replacements, knee replacements, and other joint replacements
- Heart valves
- Insulin pumps
- IUD birth control devices
- Surgical robots
In some cases, the FDA issues warnings or recalls regarding dangerous or defective medical devices. You can access the list of recalls and warnings online.
The Importance of Determining Liability
Not every negative outcome related to health care is the fault of a medical device or a medical provider. Medical providers cannot predict how a patient will respond to a certain medical procedure or if a medical device may malfunction during a procedure. However, if a medical provider or medical device manufacturer is negligent, you may be entitled to recover compensation if the negligence resulted in an injury.
However, the exact cause of the injury determines the law that governs the injury. Even though the various laws governing personal injuries allow victims to recover compensation for medical bills, loss of income, physical pain, emotional suffering, and other damages, the legal requirements for proving you are entitled to compensation may be slightly different depending on the type of law.
If a defective medical device caused your injury, New York’s product liability laws would apply to your injury claim. Under the state’s product liability laws, you may be entitled to compensation from the product’s designer, manufacturer, and/or distributor.
However, if a health care provider caused your injury, New York’s medical malpractice laws will apply to your claim. You must prove the medical provider was negligent by breaching the duty of care owed to patients. Each medical provider owes a duty of care to act in a reasonable manner to prevent injury.
Regardless of whether your injury was caused by a defective medical device or medical malpractice, your time to file a claim is limited for both causes of action.
Contract a New York Medical Malpractice Attorney for More Information
If you have been injured during a medical procedure or after using a medical device, you need experienced legal counsel. Contact our New York medical malpractice attorneys to discuss whether your injury is a product liability claim or a medical malpractice claim. You may be entitled to substantial compensation from one or more parties.