Defective Medical Devices
Were you recently injured due to a defective medical device in Oklahoma City, OK? You may be entitled to recover for your harm. Contact the Oklahoma City medical product liability lawyers at McGuire Law to help you hold the negligent parties accountable.
Contact our law office in OKC today. We offer free consultations and you pay nothing unless we win, so don’t hesitate to give our law office a call at (405) 513-5658. Our personal injury attorneys will discuss your case with you and suggest possible legal options.
How McGuire Law Can Help If You’ve Been Injured Due To a Defective Medical Device
At our Oklahoma City personal injury law firm, we know how frustrating it can be when you end up an injured patient because of something that was preventable. When you receive medical treatment, you should be able to trust that all medical equipment is in excellent working order.
When that isn’t the case, it can result in catastrophic injuries and possibly even wrongful death.
Our Oklahoma City personal injury lawyers have represented countless injured clients who have gone through similar situations, and we worked hard to help them get a positive outcome in their cases. We will work just as hard for you.
Here are just a few of the many things we do for our clients:
- Investigate the incident and review all documents and evidence
- Speak with doctors, other healthcare workers, and hospital staff regarding their involvement in your case
- Consult with relevant experts including medical device designers and manufacturers
- Handle all discussions with hospitals and insurance companies
- Represent you in court if the insurance company won’t settle or its offer is inadequate
With a combined 50 years of practice, the lawyers at McGuire Law are experienced and accomplished in personal injury law, including medical product liability. You can trust us to put all that knowledge and skill to use in helping you pursue benefits.
What is a Medical Device?
Medical devices range from simple tongue depressors to complex pacemakers. Essentially, any instrument, machine, implant, or apparatus that supplements and enables medical treatment may qualify as a device.
Some examples include:
- Ultrasound machines
- Hospital beds
- MRI machines
- Ventilators
- X-ray machines
- Infusion pumps
- Pacemakers
- IVC filter (inferior vena cava)
- Surgical mesh
- Catheters
- Intravenous lines
- Breast and hip implants
Items consumers use at home also qualify as medical devices:
- Contact lenses
- Breast pumps
- Needles
- Syringes
- Cosmetic fillers
Medical devices in the United States are regulated by the Food and Drug Administration (FDA), which requires that medical devices be safe and tested prior to marketing. Unfortunately, that doesn’t guarantee that a device may not malfunction. When that happens, people get hurt and should be compensated for their injuries.
Types of Defects That Could Affect Your Medical Device
Most defects in medical devices are categorized as one of the following:
Design Defect
In a competitive environment, medical device manufacturers sometimes rush a design in the hopes of getting it to market quickly. In addition, the FDA allows some devices to be approved on a fast track if they’re similar enough to already-approved models. This can result in missed defects.
Manufacturing Defect
The FDA requires adequate testing before manufacturers put out their product, but there are tricks of the trade to get by rigorous testing in order to get the product out as soon as possible.
Marketing Defect
Manufacturers have a duty to label and inform medical professionals regarding potential risks. They’re also required to update as needed even after FDA approval.
Unfortunately, in their zeal to sell to doctors and hospitals, manufacturers sometimes over-promote and over-sell without adequately highlighting possible risks.
What Are Some Common Defective Medical Devices?
While any medical device could theoretically malfunction, there are some medical devices that are more prone to malfunction than others.
Some of the most common include:
- Implants that are inserted into the body, such as hip, breast, or knee implants
- Prosthetic knees
- Heart valves
- Ventilators
- Pacemakers that fail to control abnormal heart rhythms
- Unsterilized gynecological devices that can cause infections
If you’ve been injured because of a defective or dangerous medical device, call McGuire Law Firm. Our personal injury attorneys in Oklahoma City, Oklahoma will help you understand your rights and determine what legal options might be available to you at this time.
What Injuries Can Defective Medical Devices Cause?
Some of the more common injuries that can result from a defective medical device include:
- Infections
- Defective machines and IV lines could administer incorrect dosages of medications
- Some implants can cause serious damage to the nervous system
- Prosthetics could injure the body due to cracks or other malfunctions
This is by no means an exhaustive list of all possible injuries that could be sustained as a result of these devices, but they are things to look out for if you believe you were injured as a result of a defective device.
How Will Oklahoma Law Affect My Right to File a Lawsuit and Recover Compensation For Injuries Caused By Defective Medical Device?
In the state of Oklahoma, there is a limit on how long you have to file a lawsuit. This limit--called the statute of limitations--gives you two years from the date of your injury to file a personal injury lawsuit.
The law in Oklahoma also doesn’t allow you to seek compensation if you were more than 50% to blame for your injury.
Our lawyers can help show that you are entitled to compensation for medical bills, in-home care, mental anguish, and pain and suffering.
Call Our Oklahoma City Product Liability Lawyers For Help Today
If you were injured because of a defective medical device, you shouldn’t have to bear the financial and emotional burden on your own. Those responsible for the defective product should have to pay for the harm you suffered.
Don’t waste time in contacting the medical product liability lawyers at McGuire Law. Your first consultation is absolutely free.