Every year, there are numerous product recalls related to defective medical devices causing injury or death to patients. Hip replacement devices are often culprits, as are electronic pumps for things like insulin. There is a combined danger with a defective medical device as it fails to treat the actual condition and can cause additional injury to the patient. See when medical device safety falls short.
The Calaxo bone screw, also known as the “Calaxo Osteoconductive Interference Screw,” is a perfect example of medical device liability. It was implanted during surgery to help secure the anterior cruciate ligament (ACL) while it was being repaired. The screws were supposed to dissolve in patient’s knee over time; however, for some, bone screws dissolved early and led to serious problems.
Women have been harmed by defective medical devices more often with surgical mesh and ongoing problems with breast implants.
Medical device liability, similar to other product liability, is a form of tort in which the victim requests damages from an alleged manufacturer or healthcare provider, in compensation for a wrongful act. As with other negligence-based torts, a claim for medical device liability requires that the victim establish four basic legal elements in order to obtain compensation. First, victim must show that the defendant owed a duty of care to the plaintiff; second, that that duty was breached by the defendant; third, that the plaintiff was harmed (and experienced serious damages); and fourth, that the victim’s harm was directly caused by the defendant’s actions.
In most medical device liability cases, the duty of the healthcare provider is fairly straightforward. When a physician actually provides medical services to a patient, a professional duty of care is thereby established.
Even when employing new technology and new techniques, a standard of care and safety to the patient should be the utmost importance. Especially for medical devices in Class III (substantially equivalent) because they tend to be most often involved in medical device liability.
Lack of quality in medical devices is unacceptable. Seeger Weiss does everything in our legal power to help victims who have suffered through this unfortunate situation. Let us help you, too. Contact us today.