How do I know if a medical device injury was caused by manufacturer negligence?

To determine if a medical device injury was caused by manufacturer negligence, you must consider several factors. First, you will need to find out if the device was defective by examining the device’s design, instruction manual, and manufacturing process. Second, you must determine if the device was properly maintained, as significant wear and tear or operational issues could indicate inadequate maintenance. Third, you will need to consider if the manufacturer was aware of any problems with the device prior to injury and if any warnings about potential risks associated with the device were provided. Fourth, you must examine if there were any product recalls or if the manufacturer ever responded to customer complaints regarding the device. In Kansas, you may also need to consider whether the manufacturer acted with reasonable care and caution in designing and manufacturing the device. For instance, a manufacturer must take into account the intended purpose of the device, the likeliness that someone will misuse the device, and the foreseeable consequences of such use. If the injury was caused by a defect which could have been prevented with reasonable care or if the manufacturer was aware of the defect but still failed to warn you of the risks, you may have a case for medical device injury due to negligence. To ensure that your case is as strong as possible, it is important to consult with an experienced local medical device injury attorney.

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