Medical products like defibrillators, respiratory equipment, and medicines play important roles in patient care. When these products are defective, they can cause serious harm. Fortunately, medical product liability laws offer protection to patients. This protection allows patients to seek compensation for any harm.
What is Medical Products Liability?
Medical products liability holds manufacturers, distributors, and retailers accountable for injuries caused by defective medical devices, prescription and over-the-counter drugs, and products with inadequate warnings.
Here are the three most common types of defects:
- Device malfunctions caused by faulty medical devices.
- Drug side effects that cause patient injury or death.
- Incorrect instructions that lead to improper usage and harm to the user.
The most common types of injuries from defective medical products include:
- Broken bones
- Burns
- Cancer
- Head and brain injuries
- Heart attack
- Organ failure
- Overdose
- Poisoning
- Psychological effects
The Legal Landscape
Medical products liability is governed by federal and state laws. The U.S. Food and Drug Administration (FDA) oversees federal safety regulations, while individual states like Alabama, have additional laws.
Who is liable for defective medical products?
Three parties are responsible for medical products: manufacturers, distributors, and retailers.
- Manufacturers must ensure their products meet safety standards.
- Distributors must manage products appropriately and safely.
- Retailers must provide adequate information to consumers.
In the case of injury, you can make a claim against them. However, there is a time limit. In Alabama, code section 6-2-38 has a two-year statute of limitations from the date of injury to file a product liability lawsuit.
Common Examples of Medical Products Liability
Below are a few examples of medical products liability cases:
- Defective medical devices: In 2022 the FDA recalled Depuy Orthopaedics’ knee replacement device because the adhesive residue could cause soft tissue irritation and/or infection.
- Pharmaceutical drugs: Lawsuits were brought against pharmaceutical companies for their role in the opioid epidemic because of inadequate warnings of the addictive nature of the drug.
- Failing to provide adequate instructions: Johnson & Johnson was sued because their talcum powder did not have warnings that its use could lead to ovarian cancer.
Steps to Take if Injured by a Medical Product
If you have suffered harm from a medical product, taking prompt and appropriate action is crucial. Follow these steps:
- Seek medical attention from healthcare professionals to address and document injuries.
- Preserve evidence, such as packaging, receipts, and the product itself.
- Document any injuries, treatments, and their impact on your daily life.
- Consult a personal injury attorney to seek legal advice and understand your rights and options.
A personal injury attorney who specializes in medical products liability can help guide you through the legal process, which requires a complete understanding of laws and the court system. If you or a loved one has been injured by a medical product, contact the knowledgeable attorneys at Timberlake, League, and Brooks. Our legal experts will help ensure justice is served.
