Do Injuries from a Medical Device Constitute Medical Negligence?

 Posted on June 10, 2024 in Uncategorized

Medical negligence, also known as medical malpractice, occurs when a healthcare professional provides substandard care that results in harm to the patient. With the rise in the use of various medical devices in modern healthcare, the question of whether injuries from these devices fall under the realm of medical negligence has become an increasingly common question. The short answer is yes – injuries caused by medical devices can indeed constitute medical negligence, but the specifics may involve several different factors. If you were harmed by a medical device and are interested in taking legal action, our Illinois lawyer can help.

The Role of Medical Devices in Modern Healthcare

Medical devices range from simple tools like scalpels to complex machinery like pacemakers and MRI scanners. They play a critical role in diagnosing, monitoring, and treating medical conditions. However, when these devices fail to be appropriately used, they can cause severe injuries or complications. Determining liability in such cases often requires carefully examining the situation's circumstances.

Establishing Liability: Who is Responsible?

When an injury from a medical device occurs, the source of negligence could lie with multiple parties, including:

• The manufacturer – If the device had a design flaw, was improperly manufactured, or lacked adequate instructions or warnings, the manufacturer could be held liable.

• The healthcare provider – If the device was used incorrectly, not maintained properly, or there was a failure in training about its proper use, the healthcare provider may be at fault.

• The regulatory body – Sometimes, failures in regulatory bodies' approval and monitoring processes could lead to liabilities, especially if defects are overlooked.

Four Important Elements of Proving Medical Negligence

To establish medical negligence in the context of a medical device, four key elements must be proven, including:

• Duty of care – The healthcare provider must be shown to have a duty to provide acceptable care.

• Breach of duty – There must be evidence that the duty of care was breached – either by the improper use of the device or failure to provide standard care.

• Injury resulting from breach – The injury must be directly linked to the breach of duty; it is not enough that an injury occurred, it must be connected to specific negligence.

• Damages – There must be either physical, emotional, or financial damages resulting from the injury.

Steps for Patients Who Suffer Injuries

If you suffer an injury from a medical device, it is crucial to:

• Seek immediate medical attention to address the injury.

• Document everything. Medical records and device information may be relevant in your case.

• Consult a lawyer with experience in medical malpractice cases. Your attorney will guide you through the necessary legal steps involved in pursuing compensation.

Contact Our Cook County, IL Medical Negligence Attorney

Injuries from medical devices can constitute medical negligence, and the responsible parties must be held accountable. For legal help, contact the Arlington Heights, IL medical negligence lawyers with Dickler, Kahn, Slowikowski & Zavell, Ltd.. Call 847-593-5595 for a private consultation.