Serving clients in Fayetteville and all of NW Arkansas
Anyone who has had a medical device implanted such as a knee replacement or a hip replacement and has not experienced problems will tell you that they feel like their life has been restored. When properly designed and implanted a medical device can alleviate pain and allow patients to return to full mobility. However, these devices can also be the cause of severe injuries and pain if they are not designed properly, or the manufacturer has neglected to warn patients and doctors of the risks their device pose.
If you or a loved one has been hurt by a faulty implant or medical device, you don’t have to accept the burden and suffer on your own. The experienced medical device attorneys at the Law Practice of Ken Kieklak can help.
What are Defective Medical Devices?
Medical devices and implants are very unique in the consumer world. While many of the products we use every day go through some form of product testing before they are placed onto the commercial market, medical devices are highly regulated. Almost every step of a creating, marketing, and implanting a medical device is subject to strict scrutiny by federal regulations. However, despite rigorous inspections, there are consistent reports of implanted medical devices resulting in injuries.
Many defective medical device cases begin because it is discovered that the company did not warn patients and other consumers of the risks associated with their device. If a device maker fails to warn of known risks, it can also be held liable for injured related to the risk.
Common Medical Device Products
Medical implants are not new to the medical world and are heavily regulated by the Federal Drug Administration. While there are thousands of products available in the medical market, there are certain devices that have been a common source of injuries. Some of the most frequently recalled devices include:
- Hip replacements
- Mirena IUDs
- Defibrillator leads
- Fillers and injections used in cosmetics
- Transvaginal mesh implants
- Hernia repair patches
- Knee replacements
- Breast implants
Knee and hip replacement surgeries are complicated, yet are one of the most commonly performed surgeries where a medical device is implanted to help a patient move again. The recovery time for their surgeries can be incredibly long and often include extensive rehabilitation and careful observation by medical staff. It takes a skilled and experienced surgeon to perform a proper hip or knee replacement, yet when you place your trust in a physician to perform surgery and you are subsequently injured by a defective device, you can undergo not just physical pain and suffering but emotional pain and suffering.
What Compensation are You Entitled To?
If you have undergone painful surgery to have a medical device implanted, only to discover that the device is defective, you will likely have to undergo more surgery and further medical care in addition to the surgery you already underwent. However, any person who is injured by a defective medical device may be entitled to compensation for damages, including:
Medical expenses – Because a medical device needs to be implanted in the body, if there is a problem with that device then it will need to be removed and or repaired surgically. This entails a substantial expense which you may be entitled to receive compensation for. In addition, because infection is a common result of an improperly installed device you may be entitled to compensation and payments for the medical care and treatment you sought as a result of the defective product.
Ongoing injuries – Because implanting a medical device is usually a necessity for proper functioning if you have to have the device removed it can cause you to be immobilized. In addition, many of these injuries result in further injuries which can substantially worsen pre-existing conditions or even create new debilitating conditions.
Pain, suffering, and mental anguish – when you have surgery there is a certain amount of trust you place in your medical team. Going under the effects of anesthesia can be a stressful and nervous experience, and if you have been substantially injured and required further surgery, you may feel intense feelings of worry and anguish.
Loss of income or ability to work – In some medical implant cases a person undergoes surgery because of a minor problem, however, in some cases, the resulting injury from a defective medical device can leave a person further disabled and no longer able to work as a result.
Unfortunately, people can die from the complications associated with a defective medical device. In these sad cases, family members and next of kin may be entitled to file a claim for compensation on their departed loved one’s behalf. These expenses can cover the conscious pain and suffering that a loved one experienced prior to their death and would be similar if they had lived. Not only can a family recover for their loved ones own pain and suffering, but they can also recover from their own pain, suffering, and mental anguish that accompanies the loss of a family member and loved one. Finally, families who have lost a loved one as a result of a defective medical device can recover compensation to cover the high costs of burying their loved one and for final arrangements.
Contact An Arkansas Defective Medical Device Attorney
If you or someone you love has been hurt by a defective medical device or implant, you may be able to receive compensation for your suffering. To speak with an experienced attorney, call the Law Practice of Ken Kieklak at (479) 251-7767, or contact us online.
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