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Despite the contributions to science and health, some medical devices can be imperfect and dangerous for patients. Defective medical products can lead to serious injuries and even fatalities.
When a patient has a serious injury as a result of their pacemaker, it may place a burden on the victim and their family. The victim may have to deal with expenses related to the injury, like costly medical bills and lost wages. If a defective pacemaker leads to a patient’s death, their family will have to deal with the loss of a loved one and financial strains. If a victim is affected by a defective pacemaker, they should contact a lawyer as soon as possible. A lawyer will be able to help the victim obtain compensation for their financial losses.
A pacemaker is a medical device that is implanted in a patient who has an irregular heartbeat. Pacemakers send electrical impulses to the heart to keep the heartbeat stabilized. This medical device has improved the health and lives of many patients. However, they can lead to serious injuries when they malfunction or have design flaws. A defective pacemaker can lead to a heart attack, heart failure, and even death.
The U.S. Food and Drug Administration (FDA) monitors pacemaker defects. Once an issue is found, the FDA alerts hospitals, doctors, cardiologists, and the distributors. They may issue a recall that falls into one of three classes. Next, the cardiologist will likely alert their patient. Then, the patient can decide if they want to contact a lawyer to discuss a medical products liability lawsuit.
When a medical device is recalled, it is put into one of three classes. It is categorized this way to identify its level of threat to a consumer. This can help a patient and their doctor decide the best course of action and whether they should have the implanted device removed. When the FDA orders a recall, the manufacturers and distributors must stop selling the devices. The three classes include:
Class III: A Class III recall has the lowest level of threat. If the product is a Class III recall, it is usually being recalled for a legal defect; however, it will likely not hurt its user.
Class II: A Class II recall is more serious than a Class III. This type of recall indicates that the defective medical device is threatening enough that it could hurt the user.
Class I: A Class I recall is the most serious out of the three categories. This type of recall indicates that the product may be life-threatening. This type of recall may force an individual to undergo surgery to remove an implant.
Any medical device has risks for a patient, especially a device that is implanted in the heart. An implant involves surgery, therefore, it places a patient at risk for bleeding or infection. The implant may also lead to broken vessels or punctured lungs. The heart is a crucial organ, therefore, any injury can be devastating for the victim.
Although a defective pacemaker is not always caused by medical malpractice, the victim should not rule it out entirely. The complications a patient is experiencing after receiving a pacemaker could likely be from the surgery itself. In such a case, the victim will likely need to contact a lawyer to discuss legal options.
A victim should contact a lawyer immediately if they believe they have a flawed pacemaker. A lawyer can hold liable parties accountable for the patient’s injuries. It needs to be proven that the device was defective and that it led to the victim’s injuries, and a lawyer can help with this process. A victim may be able to collect compensation for medical bills and lost wages.
Manufacturers and retailers are responsible for placing defective products into the hands of consumers. In certain cases, a health care provider or hospital that used the defective pacemaker may also be liable. For instance, if a health care provider or hospital knew or had reason to believe that a certain brand had a history of problems, they may be deemed negligent.
When it comes to medical products liability cases, these claims cannot be handled without professional assistance. It is imperative to file the case before the statute of limitations deadline has passed. Some jurisdictions have more lenient statutes, but other states are stricter. An experienced attorney will be familiar with the deadlines and will do everything possible to comply with them.
Next to filing in a timely manner, there should be careful consideration toward pre-lawsuit requirements, such as medical expert affidavits, review boards, and notices, these will determine whether or not the claim is allowed to proceed. An attorney will walk through contacts and procedures to build a case.
Medical records are used as evidence in medical products liability cases. Due to privacy laws, a release allowing a lawyer to obtain copies of medical records will need to be signed. In order to request a copy of medical records, a request will need to be processed as soon as a person believes they have a legal case.
Delivering a copy of records to a lawyer as soon as possible will enable them to start analyzing the case in-depth. It will also allow them to solicit medical opinions from doctors, nurses, or other medical professionals who may serve as expert witnesses in the case. It is possible that after reviewing the records that an attorney may advise against filing a lawsuit. It is important that a lawyer reviews the records as soon as possible to construct a strong case for compensation.
It is often helpful to provide a notice of a potential lawsuit to health care providers and insurance companies. In some states, this is a pre-requisite before a trial is able to begin. A notice will trigger insurance coverage and internal review, and it is possible to reach an acceptable settlement prior to filing a suit. The assistance of a lawyer will ensure that no one is being taken advantage of and that all of the details are not being overlooked. A lawyer will protect the rights of the victim so that they receive their entitled compensation for financial losses.
If you were hurt by a pacemaker or another defective medical device, you need to contact one of our accomplished Philadelphia defective medical device lawyers at Brookman, Rosenberg, Brown & Sandler. A flawed medical product can cause serious injuries, leading to financial burdens for the victim and their family. Our lawyers protect clients injured by these dangerous medical devices. Call us at 215-569-4000 or contact us online for a free consultation. Located in Philadelphia, we proudly serve clients throughout New Jersey and Pennsylvania, including Delaware County, Chester County, and Philadelphia County.