Countless of people undergo some sort of medical ordeal. It’s a given that at some point in your life, you will have to use one, two, or more medical devices to either check on your health status. These devices may be used in a medical institution or at home. Examples of medical devices are the ventilator, anesthesia machines, thermometer, and implants. But there are times when these medical devices can cause more harm than good. When this happens, you might ask who’s liable for it.
Who you need to file a complaint against will depend on what you experienced. However, it’s important to note that you need to file the case as soon as possible. Also, you need to have supporting evidence/s to backup your claim. You can consult a Miami medical malpractice attorney to know what to do about your situation.
Sometimes, a company who aims to reduce their manufacturing expenses will have to compromise quality. Then, there are large companies who mass produces medical devices and may have sent a defective product to the market. The justice system believes that manufacturers are to blame if their substandard and defective products negatively affect a user. According to research done by Applied Clinical Trials, there are 18 recalls of high-risk medical devices by the FDA in 2008. This has increased to 31 in just a year and is still continually increasing.
Medical Sales Representatives
Sales representatives are the bridge between you and the company and doctors or hospital purchasers. You can file a complaint against them if you fall victim to a defective medical device that they endorsed or if they provided wrong information about the device they have sold to you.
Most medical equipment can only be operated by a professional. Even if you are to buy home devices, your doctor should be the one instructing you about how to properly them. However, there are many incidences where surgeons allow med reps in the OR to guide patients. As a result, there are often complications in the operation of the devices. The worst case is when you get into an accident whilst an inexperienced person operates the device.
New medical devices usually undergo testing at private laboratories before they enter the market. The laboratory should be able to recognize if there is a problem with the devices. However, according to Mayo Clinic, about 88% of patients are misdiagnosed.
A defective medical device shouldn’t be allowed to enter the market. But in the event that it does, a medical facility which allowed their patients’ lives to be at risk by encouraging them to use it can be held accountable.
There are also instances when you might purchase from a medical supply store which isn’t connected to the manufacturer but still sells the defective products. This kind of business doesn’t prioritize the wellbeing of their customers and is only after the money.
You should know your rights as a patient and as a customer. If you used a substandard product without knowing that it is, then you can consult a lawyer to help you file a case. Gather the things you need like receipts, photos, and other pieces of evidence. You need these in presenting your case to the court.