Who Is Liable if You’re Injured by a Defective Medical Device?

Medical devices are essential tools that can significantly enhance quality of life and save lives. However, the malfunctioning or defectiveness of such devices poses a substantial risk, often leading to unexpected harm to patients. In these situations, identifying the liable party is not only potentially complex but also essential for seeking rightful compensation.

If a defective medical device causes harm, the party or parties who are responsible depends on the type of defect and the mechanism of harm, among other things. By the time a medical device is used on or implanted in a patient, the device will have gone through a design phase, testing, manufacturing, distribution, and sale. Errors may be made at any point. The design may be defective from the start, or the product may have been manufactured incorrectly due to corner cutting, subpar materials, or other issues. In addition, medical professionals owe certain duties as well, including to safely use or implant the devices and to inform patients about the capabilities and risks of these devices. A medical provider’s failure to meet these obligations may result in their bearing responsibility as well. The experienced Boca Raton defective medical device lawyers at Hersh Kirtman Injury Law will help you determine whether liability exists, who may be at fault, and how best to seek justice for the damages caused by a defective medical device. 

Liable Parties Involving Defective Medical Devices

When pursuing legal action regarding defective medical devices, it is crucial to determine who may be responsible for the injuries you suffered. The experienced product liability lawyers at Hersh Kirtman Injury Law can assist in identifying each individual or entity who may bear responsibility. This largely depends on the type of claim being pursued. For example, in a negligence claim, the party within the design, manufacturing, and distribution chain who erred would be the potentially responsible party. Under Florida law, however, if the claim is products liability, whether based on a design flaw, a manufacturing defect, or a failure to warn, all entities within the chain of distribution, starting with the designer and manufacturer all the way to the final entity in the business of selling the product, will be strictly liable, as long as the product is found to be unreasonably dangerous.  

Therefore, potentially liable parties may include the following:

• Manufacturer: Entities responsible for the technological development, design, and manufacturing of medical devices.
• Testing laboratories: Facilities, especially independent ones, that conduct tests on medical devices.
• Medical sales representatives: Links between manufacturers and medical professionals who could be liable for recommending harmful devices.
• Doctor: The healthcare provider who recommended the device is potentially liable for not adequately informing about risks and proper usage.
• Retailer: Hospitals, pharmacies, or drug stores that dispense medical devices are potentially liable if these devices cause patient harm.

Medical device defects may cause long-term physical and emotional losses. Working with a product liability lawyer helps you navigate an otherwise very complicated legal process and gives you the tools necessary to pursue your claim. 

Michael Hersh

Founding Partner

A passionate advocate for injury victims, Michael transitioned from corporate law to fighting for individuals after a pivotal case defending an elderly couple. With over $100M in verdicts and settlements, he specializes in catastrophic injury and wrongful death cases, using his Trial Lawyers College training to powerfully tell clients’ stories.

Years of experience – Over 15 years
Elite Trial Advocate – Graduate, Trial Lawyers College
$35M Record Verdict – Catastrophic auto accident case

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Recoverable Damages in a Successful Defective Medical Device Claim

When you are impacted by a defective medical device, the range of damages you can claim in a product liability lawsuit is extensive, addressing both tangible and intangible losses.

Economic damages are quantifiable financial losses such as:

• Medical expenses: Costs for current and future medical treatment related to the injury.
• Lost wages (past and present): Compensation for time off work, including potential loss of future earning capacity.

To recover these types of losses, you must generally provide documents, invoices, and receipts related to treatment plans, procedures, hospital stays, pay stubs, and other records. 

Non-economic damages are subjective and include the following, among other things:

• Pain and suffering: Financial recovery for physical and emotional pain and suffering.
• Loss of enjoyment of life: Compensation for any loss of enjoyment in life due to the injury.
• Emotional distress: For the mental anguish caused by the injury or the medical treatment process.
• Permanent Disfigurement: Compensation for disfigurement resulting from the incident.

In some cases, if the defendant’s actions were particularly reckless or grossly negligent, punitive damages may be awarded. These are intended not just to compensate you but to punish the offender and deter similar future conduct.

You must consult a skilled product liability lawyer who can help accurately assess and argue for the full range of damages you are entitled to in your specific situation. A thorough legal analysis will take into account the complexities of your case and the profound impact the defective medical device has had on your life.

Speak With the Defective Medical Device Lawyers at Hersh Kirtman Injury Law

Medical devices are meant to improve lives, but when they malfunction or are defective, the consequences may be devastating. Determining liability in these cases is complex, encompassing a range of potential defendants from manufacturers to medical professionals. At Hersh Kirtman Injury Law, we understand the intricate nature of these cases and are prepared to guide you through the legal process. Our experienced product liability lawyers will work tirelessly to identify all liable parties, gather crucial evidence, and negotiate assertively on your behalf. We are committed to helping you recover the full spectrum of damages you deserve. 

Contact Hersh Kirtman Injury Law today by calling (561) 208-3700 or filling out a contact form for a free consultation.