If you have been injured by any defective or dangerous product, then you may be able to bring a product liability case against the manufacturers or sellers of such products. Thousands of products sold in the United States every year, cause grave injuries to people who use them because of some defect in them. These can be any type of consumer product including medical products.

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Any type of medical equipment, prosthetic device, surgical equipment, medical appliances, surgical implants, organ transplants, hospital supplies, hearing aids, visual aids, or diagnostic tools can be the cause of a medical product liability case, if such a medical product or device is defective and has caused injury to someone.

Difficulties in Bringing Medical Product Cases

Statute of Limitations: This is the foremost difficulty in bringing a medical product case. Every state has a time limit within which the injured in a product liability case has to file the case or they may lose this right forever. With other products, the injury is usually apparent and thus you know the exact time that you have to file the claim. But in case of medical products, considerable time may have elapsed between the actual injury and the awareness of the injury by the patient. During this time the statute of limitations may have already passed. For e.g. If a patient was fitted with a defective pacemaker, but came to know about this only after a few years during another surgery, then the time limit for bringing a case would have passed if the statute of limitations began at the time that the pacemaker was fitted. To counter this problem, most states have a discovery rule, whereby the statute of limitations in such cases does not start at the time the injury took place but when it was actually discovered by the patient.

Medical Malpractice or Product Liability: Another difficulty in medical product cases is determining whether the lawsuit is actually a product liability case or a case of medical malpractice. Generally the plaintiff in such cases holds the manufacturer of the defective medical device responsible for his injuries. But the manufacturer, in his defense, may state that he had fulfilled all his obligations by warning the doctors, nurses, or other health care practitioners about the risks of the product. If the product was then used by the doctors, then the responsibility for any injury lies with them and not with the manufacturer of the medical product. Thus there is a really fine line between a medical product liability case and a medical malpractice one. An attorney is the best person to help you out if you have been injured by a defective medical product and are unsure about what case to bring.

The FDA’s Role in Medical Product Cases

The Food and Drug Administration (FDA) is responsible for regulating the safety of medical products and it is up to them to ensure that safe and effective medical products only enter the markets. But even with all their efforts, there are instances of defective medical products being sold. The FDA has some rules and regulations that manufacturers of medical products must comply with. If the defendant in medical product cases can show evidence of such compliance, then they may be able to prove that they were not negligent. On the other hand, if a plaintiff can show that the manufacturer of a medical product did not comply with the rules of the FDA, then their medical product case becomes stronger.

Medical product liability cases can often become very complex due to all these difficulties. It is best to consult with a qualified attorney so that you have the best chances of winning your medical product case.

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