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Medical Implant Injuries: Dangers and Potentially Liable Parties

Admin • March 11, 2019
Gavel And Stethoscope

Surgical implants, such as dental implants, knee replacements, and heart pacemakers, have helped many people go about their normal lives despite chronic medical conditions. Unfortunately, these devices can also cause injuries if they are defective. Here are the potential dangers of surgical implants and the parties who may be liable for the injuries.

The Potential Dangers

Surgical implants can cause different injuries with various levels of seriousness. Some of these injuries can even threaten your life. The injuries occur due to different issues with the devices. Here are some reasons a surgical implant can harm you.

It Contains Toxic Materials

A surgical implant with a toxic material may find its way into the market if the manufacturer doesn't test the implant properly. Maybe the manufacturer discovered a cheaper and more durable material for the implant and rushed it into the market before adequate tests.

It Is Ineffective

An implant may also harm you indirectly if the device proves ineffective for its intended purpose. For example, a knee replacement surgery involves the use of artificial materials to replace the weight-bearing parts of the knee. If the artificial materials are weak, they may fail to support your weight, and you may suffer when you try to use your knee.

It Migrates or Gets Displaced

A surgical component may also disintegrate into parts and migrate into various parts of the body. This danger is particularly high if the implant has microscopic parts or contains fluids that may harm other parts of your body. For example, the implants used for spinal fusion surgery can disintegrate, move, and damage the spinal column or blood vessels.

It Is a Carcinogen

Lastly, a surgical implant may also harm your health if the implant triggers a cancer outbreak in your body. Such harm is possible with surgical implants that have not been in the market long. In most cases, the carcinogenic nature of the implant materials only comes to light after several people have suffered the harm.

The Potential Liable Parties

If a surgical implant causes you harm, you should identify the right liable party to recover all your damages. In some cases, you have to deal with multiple liable parties to maximize your recovery. Here are some of the parties who may be liable for your injuries.

The Manufacturer

The manufacturer is liable for injuries that originate from a mistake or error during the manufacturing process. For example, if the manufacturer of a knee replacement implant forgets to include a screw, the manufacturer is liable for the injuries the missing screw might have caused.

The Hospital

Surgical patients typically get their implants in hospital settings. The hospitals must ensure that they only use safe devices for these surgeries, and failure to do that exposes the hospitals to liability claims. Therefore, the medical facility where you got the implant could be one of your liable parties.

The Doctor

The actual doctor who implanted the device in your body may also share the liability of your injuries. The doctor's liability depends on whether they knew or should have known about the medical device's defect.

The Sales Representative

Lastly, the sales representative who sold the devices to the hospital or your doctor may also share some of the blame. Most manufacturers of medical devices use representatives to hawk their products to health practitioners and medical centers. The representatives are liable for injuries that their products might cause to patients.

Hopefully, you won't suffer injuries related to medical devices any time soon. If you have already suffered such injuries, however, consult the Law Offices of Janice Maloney to analyze your case and help you recover your damages. We have experienced attorneys who will be with you to the conclusion of your case.

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