Many Medical Malpractice Cases Involve Medical Equipment Failures

According to an article from the National Library of Medicine, medical errors are becoming increasingly recognized as a significant public health issue, and are now reported as the third leading cause of death in the United States. The article states that one study revealed that approximately 400,000 hospitalized patients were subjected to preventable harm each year due to medical errors, with another estimating that over 200,000 patient deaths annually are also due to preventable medical errors. While it is commonly believed that medical malpractice is primarily caused by errors made by doctors or staff, a considerable number of medical errors are actually linked to malfunctioning medical equipment.

At Abrahamson & Uiterwyk, we know firsthand the devastating impact of being injured or losing a loved one due to medical malpractice caused by faulty medical equipment. We have tirelessly advocated for victims of medical device lawsuit cases, working diligently to help them obtain the compensation they rightfully deserve after being injured or losing a loved one due to faulty medical equipment. Our commitment to justice is unwavering, and we are here to provide you with legal support every step of the way during these challenging times.

What Are Medical Device Failures In Florida?

Medical device failures in Florida are defined as instances where devices pose an unreasonable danger to patients when used to treat a:

• Disability
• Disease
• Injury
• Illness 

Medical devices are defined under Florida law as any instruments, implements, apparatus, and machines that are used to diagnose or treat conditions or may affect the body’s function or structure without chemical action. Under these laws, a medical device failure may be one of the following:

• A manufacturing defect that indicates errors during production that might affect some or all units,
• A design defect, which points to an inherent flaw that renders the product unsafe for use, or 
• A failure to warn, where consumers, including practitioners, and staff, are not provided with adequate instructions or warnings to ensure safe use. 

In Florida, strict liability is not always applied when addressing medical device failures, so the burden of proof often falls on the injured victim to establish the negligent party’s liability, which typically falls on the manufacturer. However, patients have the legal right to pursue compensation if the manufacturer can be proven to be negligent.

Most Common Types Of Medical Device Failures

There are numerous types of medical devices that can potentially fail and lead to serious injury or even death when used, either due to improper instructions or failure. Such failures can occur due to a variety of factors, including defects in the device itself or issues arising during its use. Medical device failures can have devastating consequences for patients, highlighting the critical importance of ensuring that medical device failure lawsuit cases are filed in order for victims to be able to seek compensation. The most well-known medical device failures in hospital equipment cases are:

• Allergan Implants – In 2019, Allergan issued a voluntary recall of their popular breast implants after the FDA received reports that linked them to a rare cancer called anaplastic large-cell lymphoma. These commonly used breast implants, which can also rupture and cause issues like sensitivity and body part deformation, have raised significant concerns for patients. There have been many medical malpractice lawsuits filed on behalf of individuals who were injured or developed breast cancer due to these implants.
• Metal-on-Metal Hip Replacements – Metal hip replacements have been proven to shed metal particles into the body, leading to metallosis. Metallosis is a serious health condition that causes infection, neurological changes, and in severe cases, soft tissue death (necrosis). The shedding of metal particles inside the body after a hip replacement often results in medical device failure, which then requires revision surgery and which has prompted the FDA to recall many metal-on-metal hip implants.
• Physiomesh – This is a type of surgical mesh used in hernia repair and was designed to prevent adhesions to the abdominal wall during surgery. Over time, Physiomesh can crimp, crease, and crack, leading to the polymer coating degrading and growing into the intestines, which is considered to be highly dangerous. This complication with the Physiomesh can cause complications such as bowel obstruction, abdominal pain, and fluid buildup in the abdomen. Despite raising red flags during preclinical and animal studies, no full clinical trials were conducted before its release, which was why many medical device failure lawsuits were filed once these complications became evident. However, there was no official recall of these devices, but the company that produced them, Ethicon, proactively took them off the market in 2016.
• Combat Arms Earplugs – Manufactured by 3M and issued to U.S. soldiers over a period of time, these earplugs were intended to protect against hearing loss during combat. However, many service members experienced hearing loss due to the earplugs’ failure to provide adequate hearing protection. This led to widespread legal action against the manufacturer as many service members sought compensation for the medical device failure.
• Abiomed Impella Heart Pump – The Abiomed Impella heart pump was recalled this year and highlights a significant medical device failure. This device was designed to assist patients with severe heart conditions during medical procedures and has been linked to serious complications. The recall was initiated due to reports of malfunctions that can pose severe risks to patients, including potential device failure by puncturing the heart wall. This device failure highlights the gravity of medical device failures, where defects or performance issues can lead to severe health consequences or even death and prompt urgent recalls to safeguard patient well-being.

What Damages Can Be Claimed In Medical Device Lawsuit Cases?

In a medical device failure lawsuit in Florida, victims can demand significant damages from the product manufacturer or a third party responsible for the defective device and the injuries it caused. The specific types of compensation you can claim will depend on whether you pursue an individual lawsuit or join a class action, as well as the nature and extent of your injuries.

In most medical failure lawsuit cases, plaintiffs may be eligible to recover a variety of damages, including:

1. Medical Bills and Healthcare Expenses –
   • Initial Treatment Costs – This includes all financial debts related to emergency room visits, hospital stays, surgeries, and any immediate medical interventions that may be required after the device failure occurs.
   • Ongoing Medical Care – This refers to the costs for follow-up appointments, specialist consultations, physical therapy, rehabilitation, and any long-term care necessary for recovery after the medical device fails.
   • Medications – The cost of prescription drugs, including pain management, antibiotics, and any other medications needed as a result of the injury can also be claimed in a medical device failure lawsuit.
   • Durable Medical Equipment – Any expenses related to assistive medical devices such as wheelchairs, prosthetics, or home care equipment needed due to the injury.
   • Future Medical Costs – Most medical device failure lawsuits will also claim compensation for any anticipated future medical expenses related to ongoing treatment, additional surgeries, or long-term care needs. 
2. Lost Wages and Lost Future Income –
   • Current Lost Wages – This is compensation for the income lost during the time it took you to initially recover, including missed workdays, reduced hours, or temporary inability to work.
   • Loss of Earning Capacity – Damages for the long-term impact on your ability to work, including a reduction in earning potential or the need to change careers due to physical limitations, can be claimed in a medical malpractice lawsuit.
   • Future Income Loss – The projected income that would have been earned had the injury not occurred, covering lost opportunities for promotions, bonuses, or career advancements will also be factored in.
3. Pain and Suffering –
   • Physical Pain – Considered a non-economic damage, compensation for the physical discomfort, pain, and suffering endured as a result of the defective medical device can be claimed.
   • Emotional Distress – Damages can be claimed for the psychological impact of the injury, including anxiety, depression, fear, and loss of enjoyment of life.
   • Loss of Quality of Life – Compensation for the diminished ability to engage in activities you once enjoyed or perform daily tasks independently due to the impact of medical device failure is also an important aspect.
4. Other Related Costs and Expenses –
   • Travel Expenses – Costs associated with traveling to and from medical appointments, including gas, hospital parking, or transportation services.
   • Legal Fees and Court Costs – Reimbursement costs for the expenses of pursuing legal action, including attorney fees, court costs, and expert witness fees.
   • Miscellaneous Costs – Any other out-of-pocket expenses that are directly related to the injury caused by the medical device failure, such as childcare, housekeeping services, or loss of education opportunities.

When you first meet with a Florida medical malpractice lawyer near you at our firm, they will provide you with a free case review to better assess the worth of your claim, as well as your legal options, and help you determine the best course of action to pursue the compensation you deserve.

Medical Malpractice Due To Medical Device Failure – Contact Us Today!

If you have any questions or concerns about injuries you have sustained that were caused by medical device failures, don’t hesitate to contact us. Our team is here to provide you with the information and legal support you deserve. We understand the complexities of medical device failure cases, and are committed to helping you through the legal process. Our main goal is to help you seek the justice you deserve by obtaining compensation for your injuries. Whether you need guidance on the next steps or have specific inquiries about your specific situation, we are available to assist you every step of the way. Reach out to our team at Abrahamson & Uiterwyk for a free consultation and let us help you address your concerns effectively and diligently.