Who is Liable for a Medical Device Injury?

Dec 14,2017

The medical device market has grown significantly in recent years, and it is now a $133 billion industry in the U.S. More and more individuals are being treated with medical devices, from hip implants to pelvic mesh devices. Unfortunately, these devices can be defective, which can result in injuries to patients.

Defective Device Liability

Typically the manufacturer of the device would be liable for injuries caused by the product. This could be due to a design defect, such as construction of the device with material that disintegrates. It could also be due to the manufacturer’s failure to give adequate warning on the risks associated with the device. Or perhaps the product was rushed to market without adequate testing, and it does not perform as promised and actually does more harm than good. In all of these scenarios, the device manufacturer could be held liable for injuries caused by the defective medical device.

In certain circumstances, the doctor or medical practice that recommended the device could also be held liable. If the doctor failed to warn you about the risks of the device, or failed to provide you adequate instructions on how to use the device, you might have a medical malpractice case.

“If you have been injured by a medical device, you are not alone. Our firm has represented many clients who have suffered due to defective devices. You can and should be compensated for your injuries,” said Attorney Walter Clark, founder of Walter Clark Legal Group.

Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured by a defective product and want to discuss your legal options, contact us today for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, and Yucca Valley and represent clients through the entire California Low Desert and High Desert communities.

DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.