Defective Medical Devices

When medical professionals are negligent, serious personal injuries often occur.  A large component to medical negligence litigation is the issue of defective medical devices.  

We benefit from the explosion of technology in the medical field.  Medical devices are constantly evolving, which improves the overall quality of medical care.  Examples of these devices include pacemakers, joint replacements, and surgical supplies (sponges, instruments, etc.).  

These devices are critical to the effective treatment of countless injuries and medical conditions.  However, when such devices malfunction, the defect can place the patient's health in serious jeopardy.  In some cases, a defective medical device results from insufficient testing by the manufacturer.  In other cases, an inherent flaw is discovered in the design of the product.  Regardless, those injured by a defective medical product need an experienced personal injury attorney to appropriate address their legal options.  

Before any pacemaker, prosthesis, implant, or instrument is sold, the device must be tested by the Food and Drug Administration (FDA) to ensure the device performs as it should and poses no danger to patients or medical personnel. The FDA is the federal agency tasked with testing and approving every medical device for retail sale. Unfortunately, the FDA is not an infallible entity.  New devices are approved for sale every year that are unsafe to use.

Regardless of FDA approval, the North Carolina law of negligence applies to injuries sustained from medical devices.  The companies that create and manufacture these devices have a legal duty to ensure their products are safe. The manufacturers must also provide warnings about any dangers the devices pose to the public. When the manufacturer discovers that a product is dangerous, the manufacturer should recall the product to prevent greater harm.

If you or a loved one has suffered an such an injury, we encourage you to discuss the matter promptly with Mr. Shumate.  Chris will explain your options, formulate a strategy to prosecute your case, and get results. Mr. Shumate is an aggressive advocate.  He has helped many injured clients, and he wants to assist you. Contact our office for a free consultation.

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