Dangerous Medical Devices

Dangerous medical devices, some created by those wishing to make a buck from the unsuspecting public, or those created by reputable manufacturers, permeate the marketplace, causing serious injury and possibly even death. There are some things that you can do to protect yourself. However, bear in mind that it is a long and difficult process to win a product liability case, with the burden of proof placed squarely on the injured person.

First off, talk with your doctor and pharmacist, ask questions about your condition, its treatment, and the potential risks of treatment. If possible, conduct all medical business, such as buying medications and medical devices from one pharmacy. Before using a medical device, ask your doctor to fully explain any risks associated with the device. If you're not satisfied, then do some research on your own, either online or call the FDA for advice. Read all labels attached to the medical device. Examine all recall lists on the FDA site. Question your doctor about any weird feelings you have once you begin using the medical device.

Sometimes, even after taking these steps you may still be in danger because the medical device itself is dangerous or defective. If you become injured then your next recourse would be to see an attorney knowledgeable about filing product liability and negligence claims.  Manufacturers of defective and dangerous medical devices can be held accountable for injuries caused by a defective product. The consumer who makes the claim is the one burdened with the proof. The injured party must prove that manufacturing caused the defective product or the dangerous medical device was designed wrong from the beginning.
Under strict liability laws, the distributor, seller, or marketer of the dangerous medical device can also be sued for damages. The injured consumer can recover damages for injury. However, it is rare that negligence on the part of the various defendants can ever be recovered, because negligence in creating a dangerous medical device is almost impossible to prove. An attorney versed in product liability and negligence lawsuits should handle questions about lawsuits and damages. He or she is also the last resort after first consulting your doctor or pharmacist without good result.

The New York accident lawyers of Worby Groner Edelman, LLP represent victims of product liability, car accidents, traumatic brain injury, and wrongful death.