Typically, when a medical device malfunctions, the manufacturer will be held accountable through a product liability claim. However, in many cases, there is a medical malpractice component to the matter as well. If you or someone close to you has suffered an injury due to a faulty medical device, our experienced Rochester medical malpractice attorneys can help. With years of experience, we understand the nuances of this area of law and can help you understand your rights and options.
A medical device is any instrument or equipment used to treat, diagnose, or prevent a medical condition. The Food and Drug Administration (FDA) is the government body that protects the public from any health hazards that may be caused by a defective medical device. Despite the FDA’s stringent approval process, the reality is that dangerous medical products are often put into the stream of commerce and end up in hospitals, clinics, and even the hands of consumers.
Product liability is an area of law that holds manufacturers and sellers liable for injuries or death resulting from a defective product. When a medical device is inherently defective, you may still have a medical malpractice claim in addition to or instead of a product liability claim. Medical malpractice takes place when a medical professional fails to use the standard of care that another medical professional in the same specialty would have used under the same or similar circumstances.