Physicians and their patients trust medical devices to aid in treating or fixing certain ailments or injuries. When those devices have defects, they can cause additional harm.
Thankfully, it is possible to seek reparations with a medical device claim. One of the key aspects to winning such claims is to show the defective nature of the products, and there are a few ways that devices obtain this designation.
The design of a medical device can sometimes be the root of the issue. Some medical device designs may be faulty from the start or become obsolete over time and as more medical advances occur. It is important for manufacturers and recipients of different medical devices to stay vigilant about the quality of a device and its longevity. For this reason, receiving an annual physical and seeking medical attention at the first sign of any irregular activity may be essential for the health of a medical device recipient.
The U.S. Department of Health and Human Services monitors the safety of medical devices and provides updates on devices that may be dangerous or that are in recall. By law, there are several regulations that govern the manufacture of different products. Particularly when it comes to medical devices, manufacturers must meet strict specifications. A manufacturing defect can occur by a manufacturer not following the design correctly or utilizing improper materials, or by issues with the manufacturing equipment.
Sometimes marketing campaigns make elaborate claims to spark interest about a product. Though this may seem like a good marketing strategy, it can have negative consequences, especially if the claims are not correct. Manufacturers must be careful to fact check any claims that are made about their products, as well as be very truthful and intentional about the facts they share in regard to the status, function and warranty of a device.
By keeping these things in mind, claimants may be able to support their cases successfully. To aid in the process, it may be beneficial to consult a knowledgeable attorney.