How is a medical device injury caused?
A medical device injury can occur in a variety of ways. It can occur due to a defect in the device, improper use of the device, or even the device’s lack of safety features. In California, medical device manufacturers must provide a product that is safe and effective for the purpose it is intended. At the same time, medical device manufacturers are responsible for providing accurate instructions and warnings of potential risks in using the device. For example, a warning on a pacemaker might inform the user of the risks of electric shock or a fire hazard. If the instructions or warnings are insufficient or unclear, the manufacturer could be held liable for any injury caused by their device. Sometimes a medical device can be dangerous if it is not used in the way that it was intended. For example, if a product is intended for a specific type of patient, such as a pediatric patient, and it is incorrectly used on an adult, the manufacturer could be held liable for any injury due to improper use of the device. Finally, if a device is defectively designed, the manufacturer could be held liable even if the device was used correctly. The manufacturer is responsible for ensuring that the device is safe, effective, and properly labeled and tested before they release it to the public. If a medical device was not properly designed, tested, or labeled, the manufacturer could be held liable for any injury that results.
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