Medical Device Complications: Should You Sue Your Doctor or the Manufacturer?

When you receive a medical device implant, you expect it to work as promised. You expect it to help you comfortably live your day-to-day life, and you expect it to remain safe and operable in its implanted location.

Unfortunately, this doesn’t always happen.

Medical device complications are far more common than many people realize. When medical device manufacturers promote their products, they generally don’t discuss all of the risks involved with implantation. As a result, many patients don’t learn about these risks until it is too late—and until they find themselves needing to hire an experienced defective medical device attorney to fight for accountability on their behalf.

Medical Device Complications Can Result from Defects and Medical Malpractice

But, not all complications from medical devices are due to issues with the device itself. While medical device defects are a very real concern, medical malpractice is a very real concern as well. So, if you are suffering from complications related to a medical device implant, should you sue your doctor or the manufacturer? The short answer is, “It depends.”

Determining Your Legal Rights After Suffering a Medical Device Complication

Determining your legal rights after suffering from a complication linked to a medical implant requires a thorough assessment of your individual circumstances. This includes both: (i) assessing the medical device you received; and, (ii) assessing your implant procedure. While medical device manufacturers and doctors can both be held liable in appropriate circumstances, seeking just compensation requires clear evidence of which party is to blame. Here are some key considerations:

When Manufacturers Can Be Held Liable for Medical Device Defects

Holding a medical device manufacturer liable generally requires evidence that the device you received was defective (though patients can also pursue negligence-based claims against medical device manufacturers in some cases). Several popular medical implants have already been determined to be defective, and some are the subject of ongoing mass tort litigation. If you received one of these devices, you may be able to use the evidence that has already been gathered to help prove your legal rights.

If no other patients have filed lawsuits involving the medical device you received, then your attorney will need to start from the beginning. This will involve examining your medical implant (either directly or via scans), examining your medical implant’s packaging and warning labels, reviewing your medical records, and consulting with experts who can determine whether your medical implant was improperly designed or manufactured. An experienced attorney will be familiar with the steps involved in proving that a medical device is defective, and you will be able to rely on your attorney’s advice to make informed decisions about your next steps.

When is a medical device considered “defective?”

Medical devices can be considered “defective” under various circumstances. In general, you should be able to make an informed decision about whether to undergo an implant procedure, and your medical implant should function as intended. With this in mind, a “defect” can exist due to either:

• An issue with a medical device’s design (including issues with the materials used);
• An issue with the medical device’s manufacture (including improper assembly and contamination); or,
• Inadequate warnings on the medical device’s packaging or labels.

As a patient, it isn’t really possible to assess whether you received a defective medical implant on your own. To determine whether you have grounds to take legal action, you will need to hire an experienced defective medical device attorney to represent you. An experienced attorney will assess your case for free, and if you have grounds to take legal action, you should not have to pay anything out-of-pocket for your legal representation.

When Doctors Can Be Held Liable for Medical Malpractice

Now, what about filing a claim for medical malpractice? Even if your medical device is not defective, you could still experience complications due to issues with your implant procedure. In this situation, instead of having a claim against the device’s manufacturer, you may have a claim against your doctor.

Just like medical device defects, surgical errors are alarmingly common. This includes errors during implant procedures. If your doctor failed to properly implant your medical device, this could potentially lead to a variety of issues—and all of these issues could potentially justify a claim for damages.

Here too, assessing your legal rights requires an in-depth assessment of the specific circumstances of your case. An experienced attorney will be able to assess whether you have grounds to file a medical malpractice claim, and if you do, your attorney will be able to take appropriate legal action on your behalf. In many states, including Florida, there are steps that patients need to take before they can file a medical malpractice claim—and it is critical to take these steps before you run out of time.

Which Claim (or Claims) Should You File to Seek Just Compensation?

With all of this in mind, if you have experienced complications linked to an implanted medical device, which claim (or claims) should you file? As discussed above, the answer to this question depends on the specific circumstances of your case. If your implant is defective, you may have a claim against the manufacturer, and it is possible that you could be eligible to join an ongoing mass tort case.

If your surgeon made a mistake, you may have a medical malpractice claim instead. Or, if your surgeon made a mistake and your implant is defective, you could have multiple claims for damages. To ensure that you are seeking the full compensation you deserve from the appropriate party (or parties), you should consult with an experienced defective medical device attorney promptly.

Request a Free Consultation with a Defective Medical Device Attorney at Searcy Denney

At Searcy Denney, we represent patients and families in cases involving defective medical devices and device-related complications caused by medical malpractice. If you have questions about your legal rights related to a medical device complication, we strongly encourage you to get in touch. To speak with an experienced defective medical device attorney in confidence as soon as possible, call 800-780-8607 or request a free consultation online today.