Defective medical device lawyer in New York
There are countless medical devices that are incredibly helpful in saving and prolonging the lives of numerous patients across New York each year. Medical devices can be a blessing and many are used widely to diagnose and treat patients for a variety of illnesses and injuries. But sometimes these medical devices are defective, either in design, manufacture or marketing, and can cause harm to the patients that use them instead of helping them in the way that they are supposed to.
The trouble with defective medical devices is that they can cause more harm that they do good. Defective diagnostic devices may delay a patient in getting an accurate diagnosis, for instance, allowing diseases to further progress because the disease is untreated. Other long-term implant medical devices, such as surgical mesh, stents, joint replacements, pain pumps, and implants, may cause injuries to patients once they are placed inside the patient’s body.
Not only can the defective medical device implant cause injuries on its own, but the removal of a defective medical implant, or replacement of a defective medical implant, can be painful for the patient, costly, and time consuming, and can come with a long recovery time for the patient.
It is unfortunate when a medical device is defective and causes harm to a patient. While it is not their intended purpose to harm patients who use them, defective medical devices can produce serious injuries with lasting complications and other effects. When you are injured by a defective medical device or implant, or a loved one is killed as a result of a defective medical device or implant, you should not delay in seeking compensation from those who are responsible for causing you harm. You should contact an experienced New York defective medical device lawyer as soon as you are able to do so.
Types of Defects
Medical devices may be defective if the design, manufacture, or marketing of the device was improper. Devices may be dangerously designed, or they may not be manufactured according to their intended design. Design defects can prompt a medical device company to conduct a recall and a redesign of the defective medical device product. When a medical device is not manufactured to its intended design, a medical device company might do a recall of the defective medical device product and conduct an investigation into why the manufacturing process is producing defective products. In either case, the defective device is likely not safe for patient use, and can result in serious, long-lasting injuries to patients who use the defective medical device.
Marketing defects exist when a doctor or patient was not given adequate information about the device’s use and so was unable to give informed consent to use the device. If patients do not understand all the potential side effects and risks associated with the use of a particular medical device, they may elect to use devices that they would not have otherwise used because they lack a thorough and comprehensive understanding of all of the possible harmful results. If the medical device company, or your doctor, failed to provide you with enough information about the potential risks associated with the use of your medical device, and you suffered an injury as a result, it is important that you seek a consultation with an experienced defective medical device lawyer immediately.
Before a device is placed on the market for use in a patient, it must receive approval from the Food and Drug Administration (FDA). The FDA regulatory approval process is tough, and rightly so since it is important that medical devices and implants be safe for use in patients. But sometimes, a device is found to be defective despite previously having been approved by the FDA. When a medical device is found to be defective, it is not ne
cessarily a sign that the FDA is not doing its job. Rather, some defective medical device products sneak through the system, or the defect occurs after FDA approval of the product is granted, such as defects arising from the manufacturing of the medical device. If a medical device is discovered to be dangerous, the FDA may issue a recall of the defective medical device.
If you have been injured as a result of using a defective medical device, you can file a lawsuit against the pharmaceutical company. Please contact Ask Your Lawyer today for a free consultation.
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