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Monday, February 23, 2009
Defective Medical Devices
When we go to the doctor, we trust the medical professionals with our most important attribute – our health. Sometimes humans make mistakes, and there are medical malpractice laws to protect us from those mistakes. However, it is also possible that the devices the doctors and medical professionals use may be defective. Defective medical devices can lead to injuries or even fatalities that you may not have had to face if those devices were manufactured properly or used as intended.
Take the shoulder pain pump, for example. The shoulder pain pump is a device that is used to deliver pain medication after arthroscopic surgery. However, it was later discovered that the shoulder pain pump was causing destruction of the cartilage in the joint of the shoulder.
The U.S. Food and Drug Administration (FDA) is the federal agency that gives the seal of approval on new drugs and medical devices. The FDA has to approve medical devices for use and distribution to the public after ensuring that such product is safe for use. Physicians are also required to submit Medical Device Report if they encounter any medical device failure that resulted in an injury, illness or fatality.
The FDA approval only applies to the manufacturer, however. Physicians are not governed by the FDA in how they use medical devices. Even though a medical device is approved by the FDA for one use, a physician may use that device in a manner not approved by the FDA.
Whether the device fails when being used in a manner approved by the FDA, or if the physician was using it in another way, defective medical devices can often pose catastrophic risks to patients.
If you or a loved one has suffered due to a defective medical device, please contact the experienced attorneys at The Cochran Firm, with offices nationwide, today.
posted by Benjamin A. Irwin at 7:29 AM
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