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Posts tagged "Defective Medical Devices"

Texas and defective medical device manufacturer's resources


We've discussed several aspects of the potential for injury presented by defective medical devices in Texas. We've touched on a couple of devices that have made news as being potentially unsafe for medical procedures and some of the laws that can limit a plaintiff's ability to recover for serious injuries suffered by them, in the form of statutes of limitations and the like. However, it is important to remember that manufacturers of medical equipment have a responsibility to ensure that their products are safe for use.

Is a 'power morcellator' a dangerous medical device in Texas?

We have written fairly extensively recently about the dangers that may lurk in certain pharmacological situations where manufacturers either produce a defective substance, or fail to adequately warn doctors and consumers about potential risks of taking such drugs. Unfortunately, medications are not the only risk that must be assessed by Texas residents when dealing with health care decisions. There are various devices utilized by medical professionals that sometimes do harm -- either due to defect or unintended consequences of their use.

Is a 'power morcellator' a dangerous medical device in Texas?

We have written fairly extensively recently about the dangers that may lurk in certain pharmacological situations where manufacturers either produce a defective substance, or fail to adequately warn doctors and consumers about potential risks of taking such drugs. Unfortunately, medications are not the only risk that must be assessed by Texas residents when dealing with health care decisions. There are various devices utilized by medical professionals that sometimes do harm -- either due to defect or unintended consequences of their use.

What is a 'statute of repose' for defective medical device suits?


A previous post here discussed the idea of statutes of limitation on lawsuits for personal injury or wrongful death in certain cases involving medical professionals. As we discussed then, not only might a lawsuit be barred if it is commenced longer than two years after the injury occurred or was discovered, but, in cases of the use of a defective medical device, there may be a "statute of repose" that also comes into play. But what does this mean in Texas?

What is a 'statute of repose' for defective medical device suits?


A previous post here discussed the idea of statutes of limitation on lawsuits for personal injury or wrongful death in certain cases involving medical professionals. As we discussed then, not only might a lawsuit be barred if it is commenced longer than two years after the injury occurred or was discovered, but, in cases of the use of a defective medical device, there may be a "statute of repose" that also comes into play. But what does this mean in Texas?

Is there a time limit for defective medical device suits?


Many Texas residents may have heard of the statute of limitations before. While many people think of it in a criminal context, as in the government having to bring a case against an alleged perpetrator for a crime within a certain time, most civil actions that can be taken are also governed by such statutes. We have discussed before in this space how defective medical equipment can lead to serious injury or death to unsuspecting patients, and the fact that it may be possible to hold manufacturers liable for such incidents. This week we will ask whether there is a time limit on filing such a lawsuit.

Is there a time limit for defective medical device suits?


Many Texas residents may have heard of the statute of limitations before. While many people think of it in a criminal context, as in the government having to bring a case against an alleged perpetrator for a crime within a certain time, most civil actions that can be taken are also governed by such statutes. We have discussed before in this space how defective medical equipment can lead to serious injury or death to unsuspecting patients, and the fact that it may be possible to hold manufacturers liable for such incidents. This week we will ask whether there is a time limit on filing such a lawsuit.

Medical device manufacturers held liable in Texas lawsuit


A couple weeks ago, this blog discussed whether, according to Texas law, medical device manufacturers were "medical providers" for the purposes of plaintiffs filing products liability suits. While that was a legal procedural issue that may have seemed esoteric to some, a recent development regarding medical device manufacturers may give readers a more concrete feeling. Recently, a federal jury in Dallas found a large medical device manufacturer liable for damages to injured individuals.

Medical device manufacturers held liable in Texas lawsuit


A couple weeks ago, this blog discussed whether, according to Texas law, medical device manufacturers were "medical providers" for the purposes of plaintiffs filing products liability suits. While that was a legal procedural issue that may have seemed esoteric to some, a recent development regarding medical device manufacturers may give readers a more concrete feeling. Recently, a federal jury in Dallas found a large medical device manufacturer liable for damages to injured individuals.

Are medical device makers considered health care providers?


One purpose of both medical malpractice and products liability law is to compensate individuals who have been harmed. Another, however, is to create an environment in which medical practitioners are encouraged to maintain a certain standard of care and device manufacturers have incentive to make safe products. The legal procedure used in reaching these goals, however may differ in medical malpractice and products liability suits.

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