Medical Device Errors Attorney

Tulsa Medical Device Errors Attorney

A medical device is defined by the Food and Drug Administration (FDA) as any machine, instrument, apparatus, or similar device that is intended to prevent, treat, diagnose, cure a disease, or influence the structure or function of the human body. Medical devices are frequently used in hospitals, emergency rooms, and doctor’s offices to provide treatment and therapy to patients. When a device malfunctions, the results can range widely from simply giving incorrect data to causing severe injuries. For example, if a patient needs a controlled dose of insulin or a specific charge from a pacemaker, a defect could cause serious illness or death.

Medical devices require regular checks and maintenance to ensure proper functioning, and devices that are implanted into a patient’s body need regular monitoring. Despite these safety protocols, errors or defects can occur. If you or a loved one has experienced illness or death due to a malfunctioning medical instrument, you need guidance from a Tulsa medical device errors attorney to seek compensation in your personal injury, product liability, or wrongful death lawsuit.

Common Injuries Caused by Medical Devices Errors

Medical devices must be manufactured properly, tested for correct function, and then regularly monitored and maintained to minimize errors that can bring catastrophic injuries to a patient. Different devices will cause different problems, depending on the type of device and how it is used. Examples of injuries that can occur from a defective medical device include:

  • Infection (local or systemic)
  • Organ loss
  • Allergic reaction to material used in the device
  • Heart attack
  • Stroke
  • Bone or tissue damage
  • Chronic pain
  • Loss of limb or disfigurement
  • Permanent disability
Why Does a Medical Device Fail?

Medical devices can malfunction for a number of reasons besides improper maintenance or monitoring. They may have been made poorly or have been marketed unethically. When a device is faulty from the manufacturer, a victim is able to pursue a product liability claim against the company that made the device. Specifically, there are four main ways a product can be subject to this type of case:

  • Defective manufacture: Devices that are improperly manufactured or damaged before reaching a patient. Damage can occur at the production facility, in shipping, or at the medical facility.
  • Defective design: Devices can be made correctly but have a poor design that can result in injury. These products may not be manufactured to have a long enough working life, thereby breaking down and causing injury or death.
  • Unethical manufacturing practices: Devices with defects the manufacturer knows about but has unethically chosen to continue selling, concealing the danger from consumers.
  • Defective marketing: Devices may have insufficient or misleading information or instructions regarding proper use. When a manufacturer fails to provide adequate warning or instructions, they can be held liable.

The FDA reports over 5.4 million cases of what they term “adverse events” involving medical devices over the last ten years. These reports involve devices such as knee and hip implants, vaginal mesh, hernia mesh, spinal disc replacements, and pacemakers. In addition to the faulty design concerns already noted, a medical device may fail for other reasons.

A ruling in 2002 called the Medical Devices User Fee and Modernization Act paved the way for the FDA to authorize something called the “least burdensome route” for device approval. This allows manufacturers to skimp on conducting sufficient clinical studies of their devices and simply file a document of modifications showing their product is comparable in safety and effectiveness to other products already on the market. Records showing a company’s failure to properly test and perfect a product can be a significant factor in proving their liability in a lawsuit.

Likewise, many manufacturers rarely conduct appropriately randomized and controlled trials of their medical devices. The FDA allows something called a “reasonable assurance” standard, which means medical device testing is less rigorous than drug testing, even if a device is meant to treat the same condition as a medication. As more people in the US age, more manufacturers are rushing products to market without proper testing. It is not uncommon for items in heavy demand, such as hip or knee replacement devices, to be brought to market in a few months, with little to no actual implantations done to assess their performance.

Filing a Medical Device Errors Lawsuit in Tulsa

When someone suffers injuries or death from a malfunctioning medical device, the case is usually pursued as a special type of personal injury lawsuit, known as a product liability claim. When pursuing a product liability case against the manufacturer of a medical device, the plaintiff must provide evidence that the device was defectively designed, was damaged, failed to perform as expected, or was defectively marketed. Once this evidence is gathered, the victim’s lawyer can work to determine which parties are liable.

Liability can be claimed when the plaintiff and their attorney are able to demonstrate that the manufacturer, a distributor, or some other party:

  • Had a duty of care regarding the device
  • Breached their duty of care
  • Caused injury or death because of the breach
  • The breach and injury or death are related

In some instances, a manufacturer may have recalled a medical device. Regardless of whether this has occurred, it is still possible to take legal action against the parties responsible when the device has injured a patient. Because of the complexities and burden of proof required, it is critical to engage a skilled medical device errors lawyer to ensure all avenues of compensation are explored.

It is also important to consider that manufacturers will use their significant financial resources to fight any claim against them. This will include investigating whether the patient used the device properly, and following all instructions and any warning labels. They will work to rebut any claim of their culpability. Further, if there was a recall issued for the device and the patient failed to contact the manufacturer or return the device, the plaintiff may not have a valid claim to pursue.

Oklahoma’s civil code prescribes a 2-year window to file personal injury, product liability, or wrongful death lawsuits. Claimants have two years to file their case from the date of the error or from the date when the victim first became aware of the medical device error that caused their illness, injury, or death.

What Damages Can Be Won in a Medical Device Error Lawsuit in Oklahoma?

When the victim and their medical device errors attorney have compiled the necessary evidence to pursue a personal injury or product liability claim, the next step is to calculate a fair and equitable amount of damages to seek. Damages are meant to provide compensation to a plaintiff and their family for injuries, loss, or death suffered as a result of a malfunctioning medical device. Damages can include both economic and non-economic items, such as:

  • Lost wages
  • Loss of income earning potential
  • Loss of inheritance for the family (if the patient was the breadwinner)
  • Medical expenses
  • Hospital bills
  • Therapy costs (physical and mental)
  • Disability (temporary or permanent)
  • Paralysis (partial or full)
  • Loss of enjoyment of life
  • Loss of companionship
  • Mental anguish
  • Pain and suffering

In situations where the responsible parties have caused significantly heinous injury or loss to a patient, the court may award punitive damages. These damages are meant to inflict extreme financial punishment to a manufacturer, distributor, or other party, making an example of the defendant. Punitive damages serve as a warning to the defendant and any other party who may engage in the same actions. This type of award may also be accompanied by orders from the judge regarding procedures or policies the defendant must honor going forward.

Do I Need a Medical Device Errors Attorney?

When you or a loved one is injured by a faulty or misused medical device as a result of receiving care in Oklahoma, a qualified Tulsa medical device errors attorney is important to understand the complicated laws that govern this type of case. Legal professionals reduce stress for victims and their families by gathering evidence, demonstrating culpability, and detailing the appropriate list of damages.

When a product is consistently defective and has affected hundreds or thousands of people, a class action lawsuit may be filed. However, this puts victims at the whim of a single court, often with awards that are extremely low once they are distributed to all participants in the class. Another approach is to join a mass tort type of suit, which functions like class action claims but allows each participant to file their own case.

Oklahoma Statutes Section 76.101 and 76.103 cover product liability claims against manufacturers. Interpreting how this law affects your case is best handled by skilled legal counsel who have experience in pursuing these types of claims for maximum compensation.

Finding a Tulsa Medical Device Errors Lawyer

When a faulty medical product leaves you or a loved one with illness, injury, or death, bring your case to the experienced Tulsa medical device errors attorneys of Graves McLain. Contact us for a free consultation today online or by phone at 918-359-6600.

  • They were always willing to respond and were very positive

    My orthopedic doctor recommended Graves McLain, PLLC, to me following the need for revision hip surgery due to a hip from Stryker that was putting poison into my system. The doctor took care of the hip, and Graves McLain, PLLC, took care of the legal case. They were very thorough, professional, courteous, and always ready to answer the questions I had throughout the length of the case. In a word, the entire office is fantastic. I’m sure they were tired of my inquiries on the case’s progress, but they did not show it. They were always willing to respond and were very positive. If I ever have a claim in the future, they will be the first group to whom I reach out.

    Robert S.
    Submitted April 1st, 2022
  • Professional, compassionate, and very smooth way

    I have been working with chad McLain for two years. He has helped me get my case resolved in a professional, compassionate, and very smooth way. I wasn’t just a number in this lawsuit which included many others. This firm has made me feel like I was the only one. Amy Cox has also been amazing. She was always so very kind each time I contacted her with questions. Her character shines through, and I’m so thankful she was there for me. I would definitely suggest that anyone who might need a lawyer for a medical lawsuit to choose Graves McLain law firm.

    Kim C.
    Submitted March 31st, 2022
  • I will recommend them to others

    I was referred to Graves McLain through an Uber passenger. I reached out and was connected with Miss Angela, who made me feel so comfortable. She was very upfront with everything and kept a very open line of communication. I got to work with Amy W. & Amy M., who were two fabulous ladies who helped wrap up my case. When I thought I would be screwed with trying to get somewhere with the insurance company, these ladies came to the rescue. Without a doubt, I would contact them again, and I will recommend them to others. Thanks again!

    Alyssia H.
    Submitted March 7th, 2022
  • They worked very hard for us and kept us informed

    Graves McLain was there for us when we didn’t really know how to move forward with our Round Up claim. They worked very hard for us and kept us informed. Couldn’t of done this without them. Thank you Graves Mclain

    Marla H.
    Submitted March 1st, 2022
  • Handled everything PERFECTLY!

    I had 10/10 experience with Rachel and the team from Grave’s McLain. I had been feeling overwhelmed with medical bills from a car accident that wasn’t my fault, and the long list of things that had to be done that I had to figure out how to do myself. They put my mind at ease and handled everything perfectly. I’ll definitely use them again if the time comes!

    Graci W.
    Submitted January 10th, 2022
  • Top-knotch in the realm of customer care

    Graves McLain Law Firm recently handled a difficult legal situation for our family. From the beginning, we were treated with respect and concern. The entire staff is top-knotch in the realm of customer care. Mr. McLain’s knowledge, experience, and counselling was reassuring as our case progressed to the best conclusion achievable. Anyone needing assistance with serious issue should contact Graves McLain….”Serious DOES matter to them!”

    Larry N.
    Submitted January 4th, 2022
  • Very responsive and kind

    I am extremely pleased with how my case was handled at Graves McLain. I hired Chad after fighting with the insurance company for over a year. Feeling defeated and overwhelmed with medical bills, once my case was handled by my attorney, I felt at ease. Chad and his team were very responsive and kind. They answered all my questions and even helped me figure out lost wages based on a commission rate of pay. He was able to get maximum compensation and now I can get back to my life! I would 100% recommend Graves McLain time and time again.

    Aubrey P.
    Submitted January 3rd, 2022
  • Highly Recommend

    My case just settled and I want to thank Rachel Gussman, Janet, Sonia, Emily, Amy, and Margo. This process was definitely a team effort. When I was involved in a car accident last year, I turned to my friend Rachel for guidance. I was thoroughly impressed with their skills, office staff professionalism and friendliness, communication, and of course, the end results. I highly recommend Graves McLain.

    Kimberly M.
    OKSubmitted December 22nd, 2021
  • Top notch experience

    My experience with Graves McLain was first and foremost a top notch experience from beginning to end. Their expertise and professionalism was impressive and thorough. I was completely satisfied with their efforts. In two years I had not one but two accidents . They handled both so that I didn’t become a victim again by the insurance company. I’m satisfied and happy with their handling of both suits. I would highly recommend them if you find yourself a victim of an accident.

    Thank You Graves McLain!

    Ken T.
    Submitted December 14th, 2021
  • Highly recommended

    Graves McLain was so helpful, they communicated with me and gave me frequent updates. I highly recommend them.

    Leanna E.
    Submitted December 14th, 2021

Contact Our Firm &
Request a Free Case Review