Exploring the Role of Medical Device Failures in Wrongful Death Cases

How Can a Medical Device Failure Be Related to a Wrongful Death Claim?

Recent advancements in medical technologies have led to a substantial increase in the number of patients reliant on medical devices. These high-tech implants, instruments, and tools can diagnose and treat a wide variety of conditions, often prolonging a patient’s lifespan and improving their quality of life. Unfortunately, when a medical device fails to perform its intended function or causes unexpected harm, the consequences can be severe and, in some cases, fatal.

Despite the stringent regulations and quality control measures imposed by the FDA, recalls of dangerous medical devices that have injured or killed numerous patients still happen. The manufacturers of these devices are held to a high standard because of the risks involved if a failure occurs. If defects in the device’s design, manufacturing, or marketing resulted in an individual’s death, the medical device company and others may be liable for damages.

Fatal medical device malfunctions can leave families grappling with the loss of a loved one and facing financial uncertainty. For families seeking justice and compensation, pursuing a wrongful death lawsuit can provide a path forward, although these cases can be complex and must be handled carefully. At LawMD, our lawyers have extensive knowledge of the healthcare system and its legal challenges because they are current or former medical professionals. This unique insight allows us to provide high-quality representation and compassionate guidance to our clients.

How Can Defective Medical Devices Cause Patient Deaths?

Due to the nature of their usage, medical device failures can have devastating consequences. Many devices are implanted to help patients when their own bodies are not functioning correctly. The potential for adverse outcomes is high if the device does not work as expected or results in unintended consequences, such as infection or tissue damage. Examples of defective devices that have caused fatal harm to individuals include:

Surgical robots: While robots have been hailed for their precision in surgical settings, they have also been known to occasionally cause substantial injuries like electrical burns and organ damage. In some cases, patients have died during surgical procedures when these robots caused unintended harm to internal organs
Cardiovascular devices: Implantable pacemakers and defibrillators are vital medical tools used to aid individuals with dangerous heart rhythm issues. However, certain devices have been linked to injury reports and alleged deaths
Hip implants: Hip implants have faced substantial scrutiny in the last decade, with many recalls. Those made of metal have been particularly susceptible to issues. Some implants have caused severe complications for patients due to the release of toxic substances into the bloodstream, which may cause organ failure. Faulty implants can also lead to life-threatening infections and may necessitate dangerous revision surgeries that can prove fatal for some patients
Devices used to treat brain aneurysms: Some have been recalled due to the risk of their delivery systems fracturing during stent placement, potentially leading to stroke and death
Respiratory devices: Portable oxygen generators, continuous ventilators, and oximeters pose a significant risk to life when they malfunction. Some ventilators have been recalled due to the potential failure of their sound alarms, which could cause serious, life-threatening injuries
Sleep apnea devices: Some sleep apnea machines were found to have components that degraded over time, causing users to breathe in chemical particles and potentially develop respiratory illnesses and cancer that could eventually prove fatal

How Can a Wrongful Death Claim Help Grieving Families Seek Justice?

Losing a loved one due to a faulty medical device is a shocking blow that can leave a family reeling. Although nothing can undo the immense pain and grief caused by this tragic incident, it may be possible to hold the liable parties accountable and ensure your family doesn’t face more undue hardship. Consulting with a wrongful death attorney experienced in medical device cases is a vital first step in determining your legal options.

To file a wrongful death suit, an individual must have standing under state law. Each state has specific statutes governing who may engage in wrongful death litigation, but in many places, it is limited to close family members of the deceased individual who were financially impacted by their passing. For example, under Maryland Code § 3-904, the primary beneficiaries allowed to file a wrongful death suit include the deceased’s spouse, children, and parents. If none of these individuals are surviving, a secondary beneficiary such as a sibling, cousin, or other extended relative may be able to file if they were financially dependent on the deceased. Because it can be confusing to navigate state laws, it is critical to speak with a skilled attorney to determine if you have grounds to file a wrongful death claim.

What Damages Can Be Sought in a Wrongful Death Lawsuit Involving a Faulty Medical Device?

The pain felt by a family who has unexpectedly lost their loved one after a medical device failure cannot be quantified in a dollar amount. However, by pursuing wrongful death litigation, the family may be able to recover compensation from those responsible for the device’s failure. Potential defendants may include the device’s designer, manufacturer, distributor, retailer, or sales representatives. In some cases, quality testing laboratories and the doctors or hospitals that recommended, used, or installed the medical device may also be named in the suit.

Medical devices and those involved in their manufacture are held to a high standard because the public trusts the safety of these products and relies on their efficacy. Wrongful death cases caused by faulty medical devices often lead to substantial settlement awards because they involve the ultimate harm – the loss of a life. Working with a legal team that understands how to accurately calculate and advocate for comprehensive damages is essential. A fair settlement amount aims to make the surviving family members financially “whole” and takes into account current and future losses, including:

Pain and suffering experienced by the deceased before death
Medical expenses incurred prior to the decedent’s passing
Funeral and burial costs
Lost income and future earnings of the decedent
Loss of financial support
Loss of companionship, comfort, and guidance
Emotional distress of surviving family members
Loss of care, attention, advice, and protection

Why Trust Our Law Firm?

Definitively linking an individual’s death to a malfunctioning medical device and identifying the parties responsible for the failure can be a challenging task. It requires a technical understanding of the devices and conditions involved, careful investigation of the case’s circumstances, and the ability to build a comprehensive, persuasive claim.

At LawMD, our physician attorneys can leverage their experience in the medical and legal fields to help your family seek justice. We provide dedicated and compassionate legal representation to help you reach the best possible outcome for your claim. If you believe a defective medical device played a role in your loved one’s passing, contact our firm today at 833-MY-LAW-MD (833-695-2963) to speak to a skilled attorney who can evaluate your case.