When you need a medical device, you trust it will improve your health, not put you at risk. Unfortunately, some medical devices may be inappropriate, can fail or malfunction, leading to severe injuries. When this happens, it might be due to medical device malpractice. This can result in unexpected health complications, costly medical bills, and pain for patients and their families. This could be the result of medical negligence in using or recommending an inappropriate device, or a defective product involving a product liability claim. If you’re wondering how medical device malpractice can lead to a lawsuit in Hawaii, understanding the risks and legal options can help you make the best choices to protect your health and rights.
What is Medical Device Malpractice?
This type of malpractice occurs when a medical device that should be helping a patient instead causes harm. It can happen when a device is defective, improperly manufactured, or misused by a healthcare provider. From surgical tools to implants and monitoring equipment, any medical device has the potential to cause injury if something goes wrong.
In cases of medical device malpractice, patients can experience severe complications such as infections, device failures, or even life-threatening injuries. When a device doesn’t work as intended or is misused, patients often face additional surgeries, extended recovery times, and, in some cases, permanent damage.
Types of Injuries Linked to Medical Device Malpractice
The injuries can be life-altering when a medical device fails, is misused, or is not properly monitored. Often, patients who experience medical device malpractice face a wide range of complications, including:
- Infections. Improperly sterilized devices or faulty implants can lead to severe infections, putting patients at risk for further health issues. Implanted devices increase the risk of infection which requires appropriate monitoring. Delayed infection diagnosis and late treatment can lead to serious injury or death.
- Device malfunction. If a device malfunctions, it may fail to perform its intended function, causing pain, injury, or the need for corrective surgery. This may be due to a design or manufacturing defect, or to improper use or installation, in the case of an implanted device.
- Tissue or organ damage. Some devices, like implants or surgical tools, can damage surrounding tissues or organs if defective or incorrectly placed.
- Long-term health impacts. Many patients suffer lasting health complications from defective devices, requiring ongoing medical care and impacting their quality of life.
These injuries don’t just affect a person’s health—they can lead to emotional trauma, loss of income, and overwhelming medical bills. When a medical device causes harm, patients may have grounds to seek compensation to cover these significant losses.
When Can a Medical Device Lawsuit Lead to Malpractice Claims?
If a medical device has injured you or a loved one, you may wonder whether you have grounds for a malpractice claim. In Hawaii, a medical device lawsuit may be a malpractice case when negligence is involved. Here are some scenarios where a medical device issue could lead to a lawsuit:
- Defective device. If the manufacturer creates the device with flaws or design errors that caused it to malfunction, they may be liable for any resulting injuries. This type of lawsuit is often referred to as a product liability claim which, in some cases, may not require proof of negligence – the fact that the product failed to work as it should have may be enough to establish liability.
- Improper use by a healthcare provider. When a doctor or healthcare professional fails to use a device correctly or uses the wrong device, they may be liable for malpractice. Misuse of a device, even if it is well-designed, can lead to severe injury.
- Lack of informed consent. Providers must inform patients of potential risks associated with medical devices. If a healthcare provider does not properly explain these risks or fails to provide necessary information about the device and alternative treatments, this can be grounds for a medical device lawsuit.
In these cases, a skilled attorney can help determine who is liable, whether it’s the manufacturer, the medical professional, or both. Understanding your rights can make a critical difference as you seek justice and compensation for injuries caused by a defective or improperly used medical device.
What to Know About Defective Medical Device Settlements
Pursuing a settlement can provide much-needed compensation for medical bills, lost income, loss of enjoyment of life, and pain and suffering for patients harmed by a medical device. Defective medical device settlements vary widely, as each case depends on factors such as the severity of the injury, the extent of medical expenses, and the long-term impact on the patient’s life. Potential damages include:
- Compensation for past and future medical expenses. Settlements often cover the costs of surgeries, ongoing treatment, rehabilitation, and any additional future care required due to the device-related injury.
- Lost wages and reduced earning capacity. If an injury leads to time away from work or impacts your ability to earn income in the future, a settlement can help recover these economic losses.
- Pain and suffering. Many patients experience significant emotional and physical distress due to their injuries. In Hawaii, physical pain and suffering is considered an independent category of recoverable damage, in addition to emotional distress and loss of enjoyment of life. Settlements may include compensation for the pain and suffering endured during and after the injury, as well as other non-economic damages..
Each case is unique, and settlement amounts will vary depending on the circumstances. Working with an experienced Hawaii medical device malpractice attorney can make all the difference. Your attorney will help you navigate the complex process of defective medical device settlements and fight for a fair outcome on your behalf.
Why Choose a Hawaii Medical Malpractice Lawyer?
A medical device lawsuit is complex and requires knowledge of medical malpractice law and an understanding of product liability law. Working with a Hawaii-based medical malpractice lawyer ensures you have an advocate who understands the unique aspects of state law and has experience navigating cases involving defective medical devices.
Hawaii has its own regulations and standards for medical malpractice and product liability claims. A local attorney is familiar with these laws and can guide you through the steps needed to pursue a medical device claim in Hawaii.
Medical device cases often require expert testimony to establish liability, prove damages, or explain the impact of the injury. At Cronin, Fried, Sekiya, Kekina & Fairbanks, our team has a long track record of advocating for clients injured by medical malpractice and defective devices. Our experienced attorneys will fight for a fair defective medical device settlement.
Contact Our Hawaii Medical Device Malpractice Lawyers
Medical malpractice can have life-changing consequences, leaving patients and their families to face unexpected medical expenses, pain, disability, and uncertainty. If you or a loved one suffered harm by a defective or misused medical device in Hawaii, you don’t have to navigate this journey alone.
At Cronin, Fried, Sekiya, Kekina & Fairbanks, we’re committed to fighting for those injured by medical malpractice, using our extensive resources, decades of experience, and reputation for excellence to secure the compensation you deserve. Contact us today to schedule a free, no-obligation consultation. Start your path toward justice and recovery.
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