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Patients have rights when hurt by defective medical devices

Modern medical technology can be a wonderful thing. The advances in physicians' ability to diagnose and treat the multitudinous ailments that may afflict a patient have resulted in creating an environment in which many diseases and injuries that would have previously resulted in almost certain death can be ameliorated or even cured. This technological advance seems to have only accelerated in recent decades. However, there is a risk also associated with rapid technological improvement: the potential for products that are defective in one way or another to reach medical offices and hospitals, and cause injury to patients.

This blog has discussed both general products liability concepts and some of the specific medical devices, such as power morcellators and Essure birth control devices, that have been the target of defective product lawsuits. When products meant to help or monitor a patient are either ineffective or harmful, the results can be devastating. Whether due to a problem with design, manufacturing or a failure to warn of potential harm, patients can be left with higher medical costs, serious injury or worse.

People undergoing medical treatment are even more vulnerable than normal consumers when it comes to products liability. Because most medical devices are meant to be used by trained and licensed health care professionals, most patients have little understanding of how a device is supposed to perform other than what they are told by the manufacturer and health care professional. Furthermore, many people undergoing medical procedures are in a weakened physical state to begin with, and thus more susceptible to serious injury.

If you are hurt by the use of a defective medical device, you may have the right to seek compensation for their losses and suffering. However, pursuing a products liability suit can be a complicated process. Fortunately, there are experienced legal professionals who have dealt with the power disparity between consumers and large corporations who may be able to help in pursuing such claims. For more information on these situations, please feel free to visit our website on the subject.

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Reich & Binstock - Pharmaceutical Injury & Class Action Lawyers

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