When a patient is injured through use of a medical device, a critical question is, “Who is responsible?” Is it a medical malpractice case, a product liability case or some combination of the two? Gold, Albanese & Barletti L.L.C., has ample experience reviewing medical malpractice claims as well as product liability claims. We are prepared to investigate your potential personal injury claim or wrongful death lawsuit regarding harm caused by a defective medical device such as:
- Breast Implants
- Hip Replacements
- Hip Implants
- Knee Replacements
- Warming Blankets
- Heater Cooler Devices
- IVC Filters
- Heart Valves
We may ask the question, “Did your doctor know — or should he/she have known — that the medical device would cause problems for this patient?” If the answer is yes, then there may be an injury claim against that health care provider.
In other cases, a doctor may have had no reason to suspect that a medical device was defective — or counter-indicated for that patient. Device manufacturers may be the truly liable party in a defective medical device case. With billions at stake and some companies leaning on a single product to stay in the black, the chances of products being pushed into the market before they are properly and thoroughly tested are high. While the company responsible may resist admitting wrongdoing, our lawyers will work to present evidence that proves without a doubt that their product was dangerous.
Defective Medical Devices in NJ
Medical devices can be anything from to the most cutting edge computerized equipment to simple tools like tongue depressors or forceps. The US Food and Drug Administration (FDA) is the governing body that sets all requirement and safety practices related to medical devices as well as evaluating all medical devices before they go on the market. If a defective device injures someone, the manufacturer is supposed to submit a Medical Device Report (MDR) to the FDA so that they can publish a public notice about the product.
While the FDA does review these reports and requires that products meet certain safety standards, they do not do real world research themselves. This means skewed or incomplete data can allow problematic products to escape notice until they actually harm someone. Additionally, medical professionals can implement or use a medical device in an improper or untested situation that can also lead to injury or death.
Hospitals and device manufacturers have dedicated legal teams to help protect them, so you’ll need lawyers who have the expertise and experience in defective medical device cases to get results. Gold, Albanese & Barletti L.L.C., has the knowledge as well as the financial resources to dig into the causes of a medical-related injury such as a defective medical device claim. We have access to the engineers and other specialists who can help determine whether a product was suitable for a particular patient — or suitable to be on the market at all.