When it comes to treating various medical conditions, doctors have a wealth of tools at their disposal. Surgical procedures, outpatient treatments, and medications all offer hope for people suffering from painful, potentially disabling, and even life threatening conditions. The insertion of a medical device to aid in bodily functions and to repair damage sustained due to injury or illness is a common medical practice in the treatment of a variety of conditions. While many people benefit from these treatments, increasing numbers of patients are reporting serious problems due to defective medical devices . Here is the latest information about these devices, as well as the steps that are being taken to protect patients.
Defective Medical Devices
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A February 2016 news report on CNN regarding potentially dangerous medical devices states that lawmakers are grappling with how to deal with what is turning out to be an ever growing problem. While the United States Food and Drug Administration regulates these devices, health experts and federal officials now claim that surveillance is inadequate and relies too heavily on the manufacturers of the devices themselves to report when there is a problem.
According to the consumer advocacy group Consumer Reports , millions of Americans currently rely on medical devices such as pacemakers, coronary stents, surgical mesh, and artificial joints. Unfortunately, while these devices rake in millions of dollars for the companies that manufacture them, little is required from these manufacturers in terms of advanced testing and there is no systematic way for the government, doctors, or even the general public to learn about the dangers. Consumers Reports states that patients themselves often act as guinea pigs for these products, and recalls of defective medical devices are issued only after patient problems have occurred. The Food and Drug Administration maintains a database of recalled medical devices, and in 2015 alone, over 30 different medical devices were recalled. You can view a list of recalled devices on the FDA website.
Help for Injuries Caused By Defective Medical Devices
Under Chapter 73 of the South Carolina Code of Laws , sellers, manufacturers, and distributors of defective medical devices may be able to be held liable for injuries caused by these products. Depending on the circumstances and the severity of the injury, victims of defective medical devices may be able to seek compensation for their injuries through a personal injury lawsuit. The types of damages that may be available include the following:
- Medical expenses and the cost of future treatments;
- Lost wages and future impacts on earnings;
- Pain and suffering;
- Mental anguish and permanent disability;
- Loss of enjoyment or quality of life; and
- Wrongful death.
In addition to the above, you may be entitled to punitive damages, based on particularly negligent conduct on the part of the manufacturer, seller, or distributor.
Contact Our Experienced South Carolina Personal Injury Attorney Today
If you or a loved one has suffered an injury as the result of a defective medical device, contact our experienced South Carolina personal injury attorney today. At the Lauren Taylor Law, we can advise you on how to hold responsible parties accountable for your injuries, and assist you in getting the compensation you deserve. Serving all of Upstate South Carolina, call or contact us online today for an initial consultation.
South Carolina divorce attorney Lauren Taylor practices family law in Charleston and Greenville. She graduated from the Charlotte School of Law, and has been practicing for more than ten years.
Since the firm’s inception in 2012, Mrs. Taylor has helped hundreds of people navigate the uncertainties surrounding the family and criminal court process.
She has cultivated a team that ensures each case has a strategy crafted specifically to the clients needs and desires.
Her commitment to top notch service has led her to open two additional offices in the low country where she now resides with her husband Michael and her golden retriever, Buster.