The world of medicine is constantly evolving. New technologies are being developed and introduced to the market, and the full extent of their risks is still unknown.

While it is possible to file a lawsuit against a company for a defective medical device, you must be prepared to prove that the device was defective from the beginning. You will need to prove that the manufacturer was aware of the defects in the device and that there was a failure to warn consumers about the hazards of using the device before it went on the market.

A recent example of this is a new type of joint replacement device by Exactech that has been associated with cases of serious injury and even death.

What Constitutes As A Defective Medical  joint replacement device by the company Exactech Device?

Defective medical devices are those that pose an unreasonable risk to the health of consumers, or which cause serious injury or death. They can include:

Medical Devices That Violate Current Safety Standards

Another factor that a jury will consider in your lawsuit against a company for selling a defective medical device, is whether you were injured from a product that violated existing safety standards. This is called “negligent failure”. Essentially, a manufacturer must be held liable for selling a defective medical device if it knew about any defects in its products but failed to fix them before those products went on sale. However, if you were injured by a medical device that was found to be compliant with current safety standards, you will have no grounds for pursuing a lawsuit against the manufacturer.

Medical Devices That Pose Imminent Health Risks

The final factor that a jury will consider in your lawsuit against a company for selling a defective medical device is whether the product posed an imminent health risk. An “imminent risk” can refer to any product that poses an immediate threat to consumers, but it typically refers to drugs or devices that have been associated with severe side effects or even death.

Medical Devices That Are Defective Because They Are Not Properly Manufactured or Assembled

A jury will also consider whether or not a product is defective because it was manufactured incorrectly, or improperly assembled. In these cases, it’s important to prove that the manufacturer knew about problems with its product, but failed to disclose them to consumers. For example:

• A pacemaker that is not properly adjusted and attached to the heart can cause serious issues, including heart failure and even death. If you have suffered injuries due to a defective pacemaker, you may be able to pursue legal action against the manufacturer for your injuries. However, if you were injured from a pacemaker that was properly assembled, you will have no grounds for pursuing a lawsuit against the manufacturer.
  
  
• A hip replacement device designed for use by those over 50 years old may not be appropriate for someone under 50 years old. If you were injured from a hip replacement that was manufactured for an older age group (over 50 years old), you may be able to pursue legal action against the manufacturer for your injuries. However, if you were injured from a hip replacement designed for someone under 50 years old (this can apply to knee replacement devices as well), you will have no grounds for pursuing a lawsuit against the manufacturer.

What Types of Defective Medical Devices Can You Sue For?

There are many different types of medical devices that may become defective during their life cycle. These include:

• Medical devices used in surgery
• Implanted medical devices
• Diagnostic equipment and related testing methods

It’s important to remember that many of these products are intended to assist in diagnosing or treating conditions. Therefore, they are likely intended to help health care providers make better decisions regarding treatment options for patients. These devices may not cause serious injuries or death on their own, but they may contribute to an increased risk of injury when used incorrectly by healthcare providers who don’t fully understand how they should be used. In some cases, medical devices may even be designed so that they don’t create any risk at all. That doesn’t make them any safer than other products on the market, however. It just means that they are designed in such a way that they pose no health risk to consumers. For this reason, it may be necessary for you to prove that your injuries were caused by your negligence in using these devices in the first place. For Example:

• Your hip replacement implant may not pose any health risk on its own, but if it is improperly fitted during surgery and doesn’t allow room for bone growth over time (which is needed in order for bone replacement), this could lead to deformity and loss of mobility over time (called “degenerative joint disease”). If you have suffered injuries due to improper use of your hip replacement implant during surgery, you may be able to pursue legal action against the manufacturer for your injuries. However, if you were injured from a properly-used hip replacement implant that didn’t fit properly during surgery due to another unrelated cause (such as infection or blood clotting) before it was implanted in your body, you will have no grounds for pursuing a lawsuit against the manufacturer.
  
  
• An implantable defibrillator may be intended only for use by healthcare professionals who know how to properly use it correctly and safely during an emergency situation while working in an operating room. If you suffer injuries due to improper use of your implantable defibrillator during surgery while someone else is operating on you (as opposed to when you’re alone), then you may be able to pursue legal action against the manufacturer for your injuries. However, if you were injured from an implantable defibrillator that was properly used by someone who knew how to use it correctly and safely during surgery when operating alone, then you will have no grounds for pursuing a lawsuit against the manufacturer.
  
  

If you or a loved one has suffered an injury as the result of a faulty medical device, it is important to know your options. By understanding the different types of lawsuits that may be available to you and researching the specific facts of your case, you can make an informed decision about what legal steps to take.