Consumers tend to trust the products released by reputable companies. They assume that the profit incentive is enough to motivate companies to produce reliable products. Consumers tend to be particularly trusting when they require medical products.
There is an expectation that thorough research and high quality control standards should protect consumers who are also medical patients. Particularly when talking about implanted medical devices, such as implanted defibrillators used to address cardiac issues, implanted insulin pumps and implanted joint replacement systems, people expect them to have a long product life and to function perfectly. Despite patient expectations, implanted medical devices fail at a frightening rate.
How often do medical implants fail?
Defective medical products can cause a host of complications. Many people dealing with failed or failing implants may not report the matter immediately to their doctors. Those experiencing a recurrence of hip pain after a joint replacement may not want to tell their doctor about how difficult moving has become. Their defective joint replacement implant could introduce dangerous substances to the patient’s bloodstream and could put them at increased risk of infection in addition to the pain that they experience.
Insulin pumps and defibrillation devices that fail can cause life-threatening medical complications. Research into the failure rate of medical implants in the United States reveals alarming figures. Over just 10 years, there were almost 83,000 fatalities attributed to medical devices and another 1.7 million reported patient injuries. Each of those affected patients and their surviving family members may have certain rights.
Was it malpractice or a product-related issue?
Failed medical implants can sometimes occupy a legal gray area. In many cases, manufacturers have a large degree of liability if they do not ensure that all devices delivered to health care professionals are in optimal working condition. However, there is also an expectation that medical doctors recommending or performing implant procedures should also track medical trends. That includes implant failure rates and product recalls.
When health care providers continue using medical implants that have high failure rates or that have been subject to recalls, their decision to keep using products of questionable quality could constitute medical malpractice. In some cases, both the health care professional and the product manufacturer could have a degree of liability.
Reviewing the circumstances around a failed medical implant and the consequences of the failure with a skilled legal team can help patients or their grieving family members explore their options. Medical malpractice lawsuits can help people hold medical professionals accountable for putting patients at unnecessary risk.