If a medical device injures you, you may feel unsure about who holds responsibility. Texas law gives you the right to pursue compensation and explains how courts divide fault among the parties involved in making and providing the equipment.
Is the hospital or maker liable?
A medical device manufacturer in Texas can face strict liability if it had a defect in its design, manufacturing or marketing when it entered the stream of commerce. You do not need to prove the manufacturer acted carelessly, but you must prove the equipment was unreasonably dangerous and, in the case of a design defect, that a safer alternative design existed.
Hospitals, on the other hand, are generally not treated as product sellers under state law. Their fault often depends on whether staff acted negligently when they chose, maintained or used the device during your care.
In some cases, both parties share responsibility. For example, the device may have had a design flaw the manufacturer failed to fix while the hospital kept using it despite known safety risks.
Which evidence determines fault?
Building a case in a defective medical device claim typically relies on the following types of evidence:
- Device maintenance logs and inspection records kept by the hospital
- Internal communications from the manufacturer regarding known defects
- Medical records that show how and when the device was used during your treatment
- Expert testimony addressing whether the device met accepted safety standards
Because Texas follows a proportionate responsibility system, the evidence you introduce could influence how the jury assigns the percentage of fault to each defendant, which directly affects the amount of damages you may recover.
What legal actions can you take?
If a defective medical device harmed you in Texas, you generally have two years from the date of injury to file a personal injury claim. But be aware that missing this deadline could mean losing your ability to recover any damages.
The state also imposes a 15-year statute of repose for products liability claims. This means that even if you discover an injury years after a procedure, this statute may bar your claim if the manufacturer sold the item more than 15 years before you file the lawsuit.
