Medical Device Malfunctions
Doctors regularly use equipment and instruments to treat and diagnose their patients. While medical devices are an essential part of medical care, they unfortunately can break down or work improperly, and when they do, they often cause critical harm. People hurt by medical device malfunctions can often pursue a variety of claims, including, in many cases, medical malpractice claims against the provider who used or recommended the device. If you sustained losses due to a medical instrument that failed to work as expected, it is wise to speak to an attorney about your possible causes of action. The seasoned Baltimore medical malpractice attorneys at Arfaa Law Group have ample experience handling challenging cases against health providers, and if we represent you, we will fight to help you seek the results you deserve.Harm Caused by Medical Device Malfunctions
Doctors routinely use medical devices to treat patients and improve their quality of life. Commonly used devices include hernia and vaginal mesh, which provide vital support for tissue repair, pacemakers, which aid patients in maintaining stable heart rhythms, and hip and knee replacements, which can help restore mobility and reduce pain in individuals with joint issues.
Typically, such devices undergo rigorous testing and must adhere to stringent regulatory standards to ensure their safety and efficacy. Regardless, they often fail to work as expected. Medical device malfunctions can cause a variety of issues, ranging from inconvenience to severe health risks. For example, battery failure in devices like pacemakers can result in life-threatening cardiac arrhythmias, while issues with implantable devices can cause infections, tissue reactions, or displacement, causing discomfort and requiring additional surgeries. Similarly, mechanical failures in orthopedic implants can limit mobility and cause pain. In some instances, leakage or breakage in fluid-containing devices may lead to tissue damage, infection, and allergic reactions.Medical Malpractice Claims Arising out of Medical Device Malfunctions
Typically, doctors recommend medical devices for their patients if they believe that they are appropriate for treating the patient’s health issues. If a doctor recommends a device that they know or should know is defective, and the device subsequently malfunctions, the doctor could be liable for malpractice.
In most medical malpractice cases, the Plaintiff will allege the defendant acted negligently. In Maryland, to prove liability based on a theory of negligence in a medical malpractice case, the plaintiff must show that the defendant owed them a duty, the defendant breached the duty owed, and the breach proximately caused the plaintiff to sustain measurable losses.
The duty a doctor owes a patient is to offer treatment that complies with the applicable standard of care, which is the level of care a competent practitioner who works in the same field as the defendant would provide in the same scenario. Any acts or omissions that deviate from what is required under the standard arguably constitute a breach. For example, if the standard requires that a doctor refrain from using a device with a history of known issues, and the defendant failed to do so, it may be considered a breach. In most cases, expert testimony is necessary both to establish the standard of care and the ways in which the defendant failed to uphold the standard and to link the defendant’s behavior to the plaintiff’s ultimate harm. If the plaintiff successfully demonstrates the defendant’s fault, they may be able to recover damages for the cost of their medical care, lost wages, and out-of-pocket expenses, and compensation for the suffering and pain they experienced because of the defendant’s negligence.Confer With an Experienced Baltimore Attorney
Medical devices are a critical component of modern medicine, but if they suffer from flaws that cause them to fail, they can hurt rather than help patients. If you were injured due to a malfunctioning medical device, it is wise to confer with an attorney to discuss what damages you may be owed. The experienced Baltimore lawyers of Arfaa Law Group dedicate their practice to helping victims of medical negligence seek redress for their losses, and if you engage our services, we will zealously pursue any compensation you may be owed. We frequently represent injured people in medical malpractice cases in Baltimore, where our office is located. You can contact us at (410) 889-1850 or through our online form to set up a meeting.