Surgical
implants, such as dental implants, knee replacements, and heart pacemakers,
have helped many people go about their normal lives despite chronic medical
conditions. Unfortunately, these devices can also cause injuries if they are
defective. Here are the potential dangers of surgical implants and the parties
who may be liable for the injuries.
The
Potential Dangers
Surgical
implants can cause different injuries with various levels of seriousness. Some
of these injuries can even threaten your life. The injuries occur due to
different issues with the devices. Here are some reasons a surgical implant can
harm you.
It
Contains Toxic Materials
A
surgical implant with a toxic material may find its way into the market if the
manufacturer doesn't test the implant properly. Maybe the manufacturer
discovered a cheaper and more durable material for the implant and rushed it
into the market before adequate tests.
It
Is Ineffective
An
implant may also harm you indirectly if the device proves ineffective for its
intended purpose. For example, a knee replacement surgery involves the use of
artificial materials to replace the weight-bearing parts of the knee. If the
artificial materials are weak, they may fail to support your weight, and you
may suffer when you try to use your knee.
It
Migrates or Gets Displaced
A
surgical component may also disintegrate into parts and migrate into various
parts of the body. This danger is particularly high if the implant has
microscopic parts or contains fluids that may harm other parts of your body.
For example, the implants used for spinal fusion surgery can disintegrate,
move, and damage the spinal column or blood vessels.
It
Is a Carcinogen
Lastly,
a surgical implant may also harm your health if the implant triggers a cancer
outbreak in your body. Such harm is possible with surgical implants that have
not been in the market long. In most cases, the carcinogenic nature of the
implant materials only comes to light after several people have suffered the
harm.
The
Potential Liable Parties
If
a surgical implant causes you harm, you should identify the right liable party
to recover all your damages. In some cases, you have to deal with multiple
liable parties to maximize your recovery. Here are some of the parties who may
be liable for your injuries.
The
Manufacturer
The
manufacturer is liable for injuries that originate from a mistake or error
during the manufacturing process. For example, if the manufacturer of a knee
replacement implant forgets to include a screw, the manufacturer is liable for
the injuries the missing screw might have caused.
The
Hospital
Surgical
patients typically get their implants in hospital settings. The hospitals must
ensure that they only use safe devices for these surgeries, and failure to do
that exposes the hospitals to liability claims. Therefore, the medical facility
where you got the implant could be one of your liable parties.
The
Doctor
The
actual doctor who implanted the device in your body may also share the
liability of your injuries. The doctor's liability depends on whether they knew
or should have known about the medical device's defect.
The
Sales Representative
Lastly,
the sales representative who sold the devices to the hospital or your doctor
may also share some of the blame. Most manufacturers of medical devices use
representatives to hawk their products to health practitioners and medical
centers. The representatives are liable for injuries that their products might
cause to patients.
Hopefully,
you won't suffer injuries related to medical devices any time soon. If you have
already suffered such injuries, however, consult
the
Law Offices of Janice Maloney to analyze your case and help you recover your
damages. We have experienced attorneys who will be with you to the conclusion
of your case.
