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Clark Love & Hutson

The Nationally Recognized Plaintiffs Litigation
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The Nationally Recognized Plaintiffs Litigation Law Firm

Filing a claim for injury from a defective defibrillator

On Behalf of | Apr 1, 2024 | Firm News |

Houston hospitals rely on medical devices to save patients’ lives. For example, defibrillators can be used to save patients who have gone into cardiac arrest by sending an electrical charge to the heart to restore the heartbeat. There are several types of defibrillators available, including:

  • Automated external defibrillators (AEDs): Typically located in public areas and can be used by non-medical professionals
  • Implanted cardioverter defibrillators (ICDs): Surgically implanted in patient’s chest to detect an arrhythmia or cardiac arrest
  • Wearable cardioverter defibrillators (WCDs): Vest with a rechargeable battery that is worn by the patient

Defibrillators must be properly designed, manufactured and maintained in order to be useful to patients. A defective defibrillator can cause harm to a patient by causing injuries and severe health complications. For example, a defective defibrillator may:

  • Cause severe bruising and bleeding
  • Cause heart palpitations
  • Cause infections at a surgical site
  • Administer unnecessary shocks
  • Fail to generate an electrical charge when necessary

If you have suffered harm as a result of a defective defibrillator, you may be able to file the following claims:

  • Product liability: Seeking to hold the parties responsible for designing, manufacturing, marketing and/or selling an unreasonably dangerous device.
  • Strict liability: Claiming that you suffered harm as a result of a defective device.
  • Negligence: Claiming that a party breached a duty it owed to you and that your harm was caused by the breach of duty. For example, alleging the hospital was negligent for failing to properly maintain its defibrillators.

A defective medical device can result in serious injuries, long-term complications, or even death. If a defective defibrillator caused you injury, you have a limited time in which you can take legal action. Generally, in Texas, the statute of limitations for personal injury is two years, at which point you lose the right to take action.