Can I sue a medical device manufacturer if my doctor did nothing wrong?

These two claims focus on different things, though they can arise from the same event. Malpractice looks at the provider's conduct; product liability looks at the device.

• Medical malpractice concerns the provider's conduct, such as implanting the wrong device or missing a complication
• Product liability concerns the device, regardless of how the surgery was performed

A device can function as designed and a malpractice claim can still exist if the provider fell short of the standard of care.

A physician can also do everything right and a product claim can still exist if the device was defective.

Three types of device defects

A defective device claim falls into one of three categories, and the category shapes the evidence that matters most.

• A manufacturing defect, where a device departs from its intended design during production, often affecting one lot
• A design defect, where the device was built as intended, but the design created an unreasonable danger
• Failure to warn, where the manufacturer knew of a risk and did not disclose it

Lot and serial numbers matter most in manufacturing cases, while design and warning claims focus on specifications.

A defective device can cause an initial injury, and a provider can then fail to diagnose or treat the complication. A case may then involve both a manufacturer and provider. Sorting out which theory applies depends on the facts. Records and the timeline help determine where responsibility lies.

How can The Law Offices of Sean M. Cleary help you?

Whether your injury involves a device defect or provider negligence can only be determined by reviewing your records and the device's history together. Contact our office for a free consultation and our legal team will assess the details and explain the options available to you.