There are some basic questions that you may have when it comes to medical devices that may cause you to suffer an injury due to a defect. One these might be: what kind of defects does the law recognize in these instances?
Civil lawsuits to recover for injury due to a defective medical device will often be analogous to other products liability lawsuits. This makes sense as medical devices are generally products that have been introduced into the stream of commerce. In these cases, there are three major types of defects that are usually recognized: design defects, manufacturing defects and warnings defects, sometimes called marketing defects.
Design defects are those problems that occur based on a poor or faulty design of the product. They generally will occur when a device is used the way it is meant to be used, for the correct purposes, but simply performs its intended function poorly, or causes injury. This will usually apply to all the devices of that type in the market, as the problem is with the way the device performs its function, rather than any individual device. A manufacturing defect occurs when an individual device or lot of devices are fabricated incorrectly. Perhaps the wrong materials are used, or the workmanship is shoddy. A warning defect occurs when a device has effects that are known or should have been known, but the physician or patient is not told of the possibility of such effects.
If you require the use of medical equipment to maintain your health status, you have a right to expect that these devices are safe and effective, just like any other product. Defective medical devices can lead to serious injury and costs for a patient.