Have you or a loved one suffered the consequences of a defective or dangerous medical device? Under certain circumstances, you might have grounds to pursue financial relief through the Tennessee civil justice system. Despite strict control and observation by the U.S. Food and Drug Administration, injuries and deaths resulting from such devices remain prevalent.
You may be able to file a product liability lawsuit against the designers, manufacturers and marketers of medical devices that caused the death or injury. Medical devices that could cause harm if they are defective include pacemakers, implants, surgical instruments and prosthetics.
Known high-risk medical devices
The following medical devices and procedures have been the subjects of many civil lawsuits -- both product liability and medical malpractice:
- Hip replacements: Although manufacturers of metal hip replacements are often the defendants in product liability lawsuits, others may also cause harm. Negligent health care providers may face medical malpractice claims if the level of care they provide during the hip replacement surgery is below the accepted standard. Other accusations of medical malpractice may follow misdiagnosis or failure to ensure the patient knows about the associated risks.
- LASIK surgery: This type of surgery could correct various kinds of vision problems, and although most procedures are successful, certain conditions disqualify patients for this kind of surgery. People with thin corneas, large pupils or exceptionally dry eyes typically should not receive LASIK surgery. If the surgeon uses the LASIK equipment incorrectly, or if it malfunctions due to defects, the damage to the cornea can be severe, and it might lead to both product liability and medical malpractice lawsuits.
- Transvaginal Mesh: While the manufacturers of these implants intended it to be the perfect solution for women suffering stress urinary incontinence or pelvic prolapse, many patients have suffered serious and extremely painful complications. In some cases, the mesh implants erode, and deterioration can cause sharp bits to detach and pierce other organs. Manufacturers of transvaginal mess have faced numerous lawsuits.
- Robotic surgery: Many surgeons use Da Vinci robots to assist with surgical procedures for several reasons. The robots are steadier than human hands and surgeons say the use of robotics reduce fatigue and stress during lengthy procedures. However, several lawsuits have followed injuries caused by Da Vinci robots -- many involved a robot's alleged failure to let go once it grabs human tissue.
Legal steps you can take
Regardless of whether the injuries you or your loved one suffered resulted from any of these medical devices, procedures or different devices, the most logical step might be to consult with experienced legal counsel. When filing lawsuits over medical devices that carry the approval of the FDA, you may face challenging legal obstacles, which an attorney with experience in this complicated field of the law might best navigate.