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New York Personal Injury Attorneys

I Was Injured By a Medical Device. Can I File a Lawsuit?

September 14, 2021 in

Medical devices are beneficial and sometimes even life-saving for individuals suffering from medical conditions—cardiac pacemakers keep the heart pumping when beats turn slow or irregular, hip replacements allow many people to be mobile without chronic pain, and surgical mesh is intended to prevent hernia patients from suffering future recurrences.

 

While these devices are meant to be beneficial, design and manufacturing defects, as well as inadequate warnings, can cause harmful side effects.  In these instances, medical devices can cause more harm than good. If a medical device causes an injury, it is crucial to determine whether the device was defective or if the injury is a result from medical malpractice. Here, the team of medical malpractice attorneys at Sullivan Papain Block McGrath Coffinas & Cannavo P.C. list several medical devices that have caused injuries and explain how to proceed if you or a loved one is a victim. 

 

10 Common Medical Devices That Have Caused Injuries 

 

Medical device injuries can be caused by either a faulty or defective medical device or through medical malpractice from a medical provider. In no particular order, the following are 10common medical devices that have led to patient injury:

 

  • CPAP, BiPAP, and Ventilator devices
  • Pacemakers
  • Defibrillators
  • IVC Filters
  • Heart Valves
  • Insulin Pumps
  • IUD Birth Control Devices
  • Endoscopes/Duodenoscopes
  • Hip, Knee, or other Joint Replacements
  • Transvaginal and Surgical Mesh

 

It is also important to note that the FDA may issue warnings or recalls for defective and/or dangerous medical devices. Staying informed on the latest FDA recalls can ensure that you and your loved ones are not being put at risk by faulty medical devices. 

 

The Importance of Determining Liability in Instances of Medical Device Related Injuries 

 

Sometimes, a medical device injury is not the result of a defect or a medical provider’s lack of care. Every patient is different, meaning that no patient will respond exactly the same to a medical device. It can also be difficult to predict if a medical device will malfunction during treatment and result in injury. However, if you were injured by a medical device and are able to prove that a medical provider or the manufacturer of the medical device was negligent, you may be entitled to compensation for the injury you suffered.

 

How to Determine Medical Device Liability in New York

 

Depending on the cause of the injury, the requirements needed to file for compensation will differ. If a faulty medical device caused the injury, New York’s product liability laws would apply. Under these laws, you may be entitled to compensation from the medical device’s designer, manufacturer, and/or distributor. If a medical provider who caused your injury acted out of negligence, New York’s medical malpractice laws would apply. Under these laws, you must be able to prove that the medical provider’s negligence caused the injury and breached their duty of care—their responsibility to act and care for their patients in a reasonable manner to prevent injuries. 

 

No matter the cause of the injury, it is important you file your claim as soon as possible. Enlist the help of an experienced and knowledgeable team of medical malpractice attorneys, such as the attorneys at Sullivan Papain Block McGrath Coffinas & Cannavo P.C., who can provide you with the guidance and support you need to receive compensation for your injuries. 

 

Seek Assistance From a New York City Medical Malpractice Lawyer

 

Medical professionals have a duty to provide quality care to each and every patient they serve, and medical product manufacturers a duty to ensure their devices are completely safe for patient use. If they breach their duties, it can lead to terrible and even preventable patient injuries. If you or a loved one has been injured from a faulty medical device, do not hesitate to contact our team of medical malpractice attorneys at Sullivan Papain Block McGrath Coffinas & Cannavo P.C. Call (212)-732-9000 or contact us here to schedule a free consultation.

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