While innovative medical devices bring improved health to millions of patients, some patients suffer serious injuries as victims of medical device misuse by doctors and other medical professionals. At Nagel Rice LLP, our New Jersey medical malpractice attorneys fight for the rights of such patients on a regular basis.
We have an impressive track record of successful outcomes, having won millions of dollars in settlements and verdicts for our deserving clients. If you have been harmed by medical device misuse in New Jersey, contact our skilled attorneys for a free consultation. You will find our legal team knowledgeable and compassionate; we will charge you no attorneys’ fees until we win your case.
Defining Medical Device Misuse in New Jersey
The law recognizes two kinds of misuse: errors and abnormal use. Errors refer to unintentional mistakes when, for example, the user misunderstands directions or forgets a step in using the device which makes a procedure unsafe.
Abnormal use, on the other hand, refers to intentional misuse which occurs, for example, when the user deliberately ignores a direction, skips a step, or uses the device for an off-label purpose. Though some off-label use may lead to medical advances, if such use causes harm to the patient, the doctor may be held legally responsible.
Common Types of Medical Devices
As you can see from the list below, modern medicine could not exist without a broad range of medical devices that do everything from taking vital measurements to improving visual and auditory perception to diagnosing diseases and transporting disabled patients. These medical devices include:
- Assistive and transport devices (rollators, wheelchairs)
- Measuring and testing equipment (sphygmomanometers to measure blood pressure, blood glucose meters, cholesterol testing kits, pregnancy test kits)
- Aids for visual and hearing impairment (hearing aids, contact lenses, cochlear implants)
- Replacement parts (arterial stents, joint replacements, artificial limbs)
- Catheters, stoma bags, surgical hardware (plates, screws)
- Imaging test equipment (MRI and CT scan machines)
- Machines that provide radiation treatment
Although all of these medical devices (and so many others) can improve health, sensation, comfort, and mobility, and often preserve life, they can also, if misused, cause tremendous harm or wrongful death. When this happens, you require the services of a talented medical device misuse attorney.
Why Misuse of Medical Devices Occurs
There are several reasons for the misuse of medical devices:
- Damaged/unrepaired equipment due to hospital or health facility negligence, understaffing, failure to follow protocol or keep adequate records
- Poor training of personnel who maintain or use medical devices
- Absence of safety devices required to protect patients, such as proper bed rails, functional wheelchairs or stretchers, or failure to use them as intended
- Poor sanitation can negatively impact machinery as well as patients, causing contamination of surgical instruments or other medical devices, such as implants
- Improperly calibrated devices that provide inaccurate information about blood levels, blood pressure, etc.
- The carelessness of medical professionals who do not follow directions about how medical devices are supposed to be used
- Deliberate misuse of devices to save time, make the task easier, or simply try something new
If you or a loved one has suffered an injury due to the faulty or improper use of medical equipment you may well be entitled to financial compensation for your losses. At Nagel Rice, we are committed to helping you recover maximum damages.
Medical professionals may attempt to cast blame on manufacturers who did not foresee possible ways their medical devices could be misused nor work to prevent these misuses. Whether or not this occurs in your case, you can count on our savvy attorneys to identify and target the correct defendants.
What a Strong Medical Malpractice Lawyer Can Do for You in New Jersey
Doctors, nurses, nurse practitioners, physician assistants, medical technicians, hospitals, and other healthcare facilities are all held to a high standard of care when it comes to protecting the health and well-being of their patients. When any of these parties overlook proper techniques and/or procedures, they can be held legally liable for the consequences.
At Nagel Rice, our medical device misuse lawyers are adept at investigating medical sites, examining medical records, interviewing witnesses, and gathering evidence to support your entitlement to substantial damages. We are nimble negotiators and powerful trial attorneys. Moreover, we have access to a network of medical and technical experts whose testimony will be extremely persuasive in the courtroom.
Damages Our Medical Device Misuse Attorneys Will Fight For
Whether a medical device has been misused due to negligence or deliberately because the user believes this action will be helpful, medical device misuse may lead to a medical malpractice claim. If so, depending on your particular circumstances, our legal team will seek some or all of the following damages:
- Medical costs
- Lost income, present and future
- Pain and suffering
- Permanent disability
- Extended nursing care
- Loss of consortium
- Loss of enjoyment of life
If medical device misuse has resulted in the tragic wrongful death of a family member, we will do everything in our power to get you appropriate damages for final medical costs, funeral costs, and loss of financial and emotional support. Though we realize winning a lawsuit will do nothing to assuage your grief, we hope it will bring you a measure of justice.
Contact Our Experienced New Jersey Medical Device Misuse Attorneys Now
We know that when you or someone you love suffers an injury while under the care of a healthcare system or medical professional, you feel the added pain of betrayal of trust. Let us help you heal from your trauma by fighting aggressively for the resources you need. Contact Nagel Rice today so we can help you take back control of your life.
Nagel Rice LLP helps its clients with their medical device misuse claims throughout New Jersey including Bergen County, Essex County, Middlesex County, Monmouth County, Morris County, Passaic County, and Sussex County.