Medical product liability involves holding manufacturers accountable when their products cause harm. Understanding the common causes of such liability is crucial for both consumers and healthcare providers.
Design defects
Design flaws occur when a product is intrinsically harmful owing to its design, even if properly built. For example, if a surgical implant’s design allows it to break readily inside the body, it can result in severe consequences. Manufacturers frequently issue recalls due to these flaws, and sometimes, people use them as grounds for tort claims.
Manufacturing flaws
Manufacturing flaws happen when there are errors during the production process. These could include contamination, faulty assembly, or substandard materials. For instance, a batch of medication contaminated with harmful substances can cause serious health issues. Quality control checks often detect such defects but can still reach consumers.
Failure to warn (marketing defects)
Failure to warn, or marketing defects, involve insufficient instructions or warnings about a product’s risks and side effects. If a drug does not come with adequate warnings about potential adverse reactions, patients may suffer harm.
Labeling errors
Labeling errors include incorrect dosage information or incomplete instructions for use. For example, if a medical device’s label provides incorrect usage guidelines, it can lead to misuse and harm. Proper labeling is essential to ensure that consumers use products safely and effectively.
Post-market surveillance failures
Manufacturers must monitor their products for safety even after they hit the market. Post-market surveillance failures occur when companies fail to track adverse effects or delay issuing recalls. This negligence can lead to prolonged exposure to defective products, causing widespread harm.
Did a defective medical device harm you?
Defective medical products can have a range of serious effects on patients, healthcare providers, and the healthcare system. It can worsen pre-existing conditions, cause severe health complications and heighten the stress of a patient.
If you believe you experienced side effects due to a defective medical product, you must act immediately. You may want to consult a healthcare provider immediately and gather documentation of any adverse effects and medical treatments received. You may also want to seek help from a legal professional who can guide you and assist with seeking potential compensation.
