Medical Malpractice and Equipment Failures

When we think of medical malpractice, we usually think of a doctor or other medical provider making a mistake, such as a negligent surgical error, negligence in treatment or diagnosis, and other such avoidable mistakes that can have long-term consequences for the patient. But some medical malpractice involves medical devices used during treatment.

Medical devices are defined in Florida law as any instruments, implements, apparatus, and machines that are used to diagnose or treat conditions or that may affect the body’s function or structure without chemical action. These can include surgical instruments, implants and prosthetics, and diagnostic tools, among others.

If you believe you have been injured by negligence in medical care you received, contact us from anywhere in Florida to see how we can help you. We are experts in medical malpractice cases.

Proving negligence in medical treatment

In order to demonstrate medical malpractice, you must demonstrate the “4 Ds”:

Duty: The medical provider had the duty to provide care, which is to say that there is an established patient-doctor relationship, not just a casual remark from a medical professional you happen to know
Dereliction of that duty: The physician or medical provider failed to follow standards of acceptable medical practice, such that another competent and prudent medical provider would follow
Direct or proximate cause: The injury can be directly or closely connected to the medical negligence
Damages: There is clear injury for which patients can seek compensation

These 4 D’s apply when the medical injury was caused by an instrument or machine that was used (or perhaps should have been used) in your treatment.

Sometimes the evidence is cut and dried – for instance, using a machine that has been recalled by the manufacturer. Other times, the burden of proof may be on you to demonstrate how or why the medical treatment you received was a dereliction of the duty of care that the medical provider owed you. This is why you need an experienced personal injury attorney on your side who knows how to dig deep into your case and find the evidence you need to help you receive substantial compensation for your injuries.

Who is at fault?

In many personal injury cases, there could be a number of individuals or entities that have failed their duty of care (in legal terms, they are the defendants in the case, and you are the plaintiff, making the complaint).

For instance, when dealing with a medical device, the at-fault parties may include the manufacturer, distributor, and/or retailer of the device, the hospital or medical facility that used or implanted the device, and the individuals involved in the use of the device.

Individuals could be at fault for not properly operating or implanting the medical device.

The facility may be at fault for:

Not properly testing or maintaining the equipment
Continuing to use an item that had been recalled
Not properly training staff in the use of the equipment
Hiring incompetent medical providers, for instance, by not fully verifying their credentials

Manufacturer fault (product liability) could include:

Design defect, in which the fault is in the design
Manufacturing defect, in which the design is fine, but there was a mistake during manufacturing or a problem with materials (in which case, the provider of the materials may also be at fault)
Failure to warn consumers of possible complications or failure to instruct them on safe operation

Common medical device failures

Current and recent medical devices that have led to lawsuits include:

Allergan breast implants that may cause cancer
Metal-on-metal hip replacements, which have led to arthritis and injuries
Certain drug-coated stents, in which the coating can increase the risk of blockage of the stent
IVC blood clot filters, which can deteriorate
Some pacemakers that can short-circuit
Medical mesh, such as that used for hernias or transvaginal mesh to reduce pelvic organ prolapse, which can weaken, crimp, or degrade, leading to bleeding, pain, bowel obstruction, and other problems
Combat Arms earplugs, which actually caused hearing loss
Abiomed Impella heart pump, used during medical procedures, which was recalled due to a serious malfunction risk that could cause severe harm to the patient

What you can be compensated for

Like many other personal injury cases, you can sue for any of the following situations or losses that apply in your case:

Medical expenses, current and future
Mental health expenses, current and future
Lost wages and future lost earnings
Property damage
Other expenses caused by the accident, such as necessary changes to your home to accommodate your injuries
Pain and suffering: physical, emotional, and relational
Loss of companionship in the case of serious permanent injury or death

Do not delay reaching out to me for help if you believe you have been the victim of malpractice. Florida Statutes Section 95.11 governs how much time a person has to file a lawsuit. In cases of medical malpractice, you have two years from when you knew or should have known that the malpractice occurred.

This means that the statute of limitations does not necessarily begin on the day of the medical procedure. For instance, if you had a hip replacement five years ago and you just discovered that your severe arthritis, which developed after the hip replacement, may be caused by the device, your statute of limitations begins at the time that you discovered or reasonably should have discovered the connection between your arthritis and the hip replacement.

As a Florida personal injury lawyer, I am committed to helping Florida residents throughout the state receive just and fair compensation to help them cope with the injuries they have sustained through someone else’s negligence. Contact me today, 24/7, at (954) 448-7288 to schedule a free consultation to discuss your case.