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7 Parties That Can Be Held Liable for Defective Medical Device Injuries


Medical devices range from hearing aids to surgical instruments, and they have been reported to cause many injuries across the U.S. One might wonder who can be held liable for these defective medical device injuries. There are several parties that may be liable in such cases, including the product designer, manufacturer, and the doctor who prescribed the device.

1. The Medical Device Designer

A medical device designer is an individual or company that drafts, draws, and devises the initial design of a medical device. The resulting product may then be manufactured by other companies and distributed among the public.

If an injury occurs due to such a defective medical device, it can be challenging to pinpoint who designed the original faulty instrument. A medical device designer can be held liable for injuries if it is proven that they knew or should have known about the danger in using their product.

2. The Medical Device Manufacturer

Typically, a medical device designer will enlist the help of another party to manufacture and distribute their product to the public. This third-party middleman is known as a medical device manufacturer.

If a defective medical device injures someone, the manufacturer can be held liable for damages. As with the designer, the manufacturer may be at fault if proven that they knew or should have known about any dangers associated with their product.

3. The Doctor Prescribing the Device

When a doctor prescribes a medical device for use on their patient, they can be liable if the device is defective and causes an injury. This is because doctors must provide their patients with safe and effective care.

If it can be proven that they failed to meet this standard of care, the physician may be liable for damages caused by the defective medical device. A defective medical device lawyer can help you provide the proof you need for a strong case.

4. The Testing Facility

After a new medical device is manufactured, it is tested for efficacy and safety by either the manufacturer or another testing facility. A defective product can be identified as dangerous during this phase of production. Once again, the party conducting the product test may be liable if they knew about its dangerous condition and failed to warn anyone.

5. The Medical Supplier or a Pharmacy

When a doctor prescribes a patient with a medical device, they may either provide the device themselves or send the patient to a third-party medical supplier.

If this entity is negligent in storing and distributing medical devices and an injury occurs due to their actions, they can be liable for damages under product liability law. Pharmacies that improperly fill prescriptions can also be held liable for defective medical device injuries.

6. The Medical Facility

Medical facilities, such as hospitals and clinics, may be held liable for damages if a patient is injured by a defective medical device while under their care. In some cases, the facility may have been aware of the potential danger an instrument posed but decided to use it anyway. If this is the case, they can be held accountable for any injuries that occur.

7. The Insurance Company

If a defective medical device injures someone, they may file a lawsuit to seek damages. In most cases, the party that issued will turn to their insurance company for help in covering the cost of the judgment. If it can be proven that the insurance company was negligent in handling the claim, they may be held liable for the amount of the judgment.

Final Thoughts

When a medical device injures someone, it can be very difficult to identify negligence in its design, manufacture, or distribution. The best way to determine this information is to ask the doctor who prescribed the defective product.

If they cannot provide adequate answers, speak with your defective medical device lawyer about investigating where the product was manufactured and tested. Doing so will allow the attorney to pinpoint the most likely responsible party for your injuries.

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