Figuring out what to do after you suffered harm from a medical device error can be confusing, and knowing who you can sue is not always easy when multiple parties are involved. Whether to sue your doctor, the nurse, or the medical device manufacturer is what makes this process difficult. Feel free to discuss your situation with an experienced Jackson medical device lawyer to figure out your legal options.
Who Caused the Medical Device Error?
What makes investigating medical device errors so difficult is how many people may have caused the error. A medical device error can be caused by the doctor, nurse, medical device manufacturer, or the patient. Determining who was at fault for the error is essential when you want to file a claim for compensation.
The device manufacturer might make errors in terms of the device design, packaging, safe use, or marketing. Common medical device errors associated with device manufacturers include:
- Labeling errors
- Device failures
- Defective device parts
- Failure of accessory
- Manufacturing errors
- Random component failures
- Improper instructions and warning labels
Medical professionals can make user errors that can cause patient harm. Common examples of medical professional user errors include:
- Misuse or abuse of the medical device
- Failing to follow or read instructions or labels
- Incorrect settings for the device
- Not having annual inspections conducted
- Failing to make repairs
- Improper connection
In some cases, patients may misuse a medical device, resulting in harm to themselves. This might happen by accident or due to careless use of the device. A patient may use the device incorrectly, against medical instructions. Patients may also abuse the device in ways that cause harm.
The tricky part about filing a lawsuit is proving that your actions did not cause your own harm. Consider contacting a Jackson medical device lawyer to figure out your unique legal circumstances.
How to Sue for a Medical Device Error
You can sue for a medical device error if you suffered harm from the medical device and this was not through your own actions. This involves proving that someone else acted negligently through careless or reckless actions that resulted in harm. Who is found to be at fault will determine how you sue.
If a medical professional misused the device or failed to repair a damaged device, then you could file a medical malpractice claim. However, a product liability claim would be filed if the medical device manufacturer is at fault. You can sue for a defective product if the defect exists in the design, manufacturing, or marketing of the medical device.
Once you know who is at fault, start collecting evidence of their negligence. Take photos of damages and product defects. Document what transpired and submit this with your claim.
Medical Device Attorney in Jackson
You may not have to figure out the cause of the medical device error alone. Call the Germany Law Firm, PLLC at (601) 487-0555 today to speak with a Mississippi defective product lawyer for a consultation. Our team of lawyers can help you attain compensation for damages you suffered from a medical device error like medical bills and emotional distress.