Types of Defective Product Claims Involving Medical Devices
Under the strict product liability claims, medical devices just like any other products must be free from any medical defects. Defective Medical Devices liability claims fall under three major categories and liability claims should be based on one of them.
Defectively designed medical devices are those that are properly manufactured but have unreasonable designs likely to cause injury. Sometimes, Defective Medical Devices may have been in the market for a long time but due to mishandling and breakdowns, the device causes injury to the patient. In some case, the victim may claim that the manufacturer was aware of the defect, but out of negligence deliberately concealed it or delayed taking the product off the market.
These are defects occurring from improperly manufacturing processes. Defectively manufactured devices arise from errors of omission at the manufacturing facility, during shipping or in the hospital or doctor’s office. If the Defective Medical Devices occurs anywhere between the factory and the place where you received the device, the liability falls on the manufacturer. Any member of the chain of distribution (manufacturer, wholesaler, and retailer) may be held liable for the defect. The law imposes liability on each party that reaps the rewards from the sale of a dangerously defective product.
Marketing defects in Defective Medical Devices are considered to involve any recommendations, warnings or instructions regarding the use of the specific device by a potential defendant. The manufacturer has a legal liability to warn patients of foreseeable and non-obvious dangers likely to occur from the use of the device. Additionally, manufacturers should provide adequate information regarding the appropriate use of the device, failure to which they are liable. The manufacturer, doctor, hospital or sales representatives may provide wrong marketing information, hence are all held liable should an injury occur.