Many Virginians are well aware that there is more to medical care than simply seeing a doctor and taking your prescription medicine. Quite often, part of the care for many of us involves the use of medical equipment and devices. Sometimes the equipment involves nothing more than a walker, but sometimes it is something as complex and intricate as a pacemaker or a stint for your arteries.

There is also no shortage of medical devices in your average hospital. From the mundane, like syringes or stethoscopes, to the complex, such as MRI’s, paddles that deliver shocks to restart a stopped heart, or EKG machines.

Whether the equipment is complex or relatively simple, what should be mentioned is that they all serve incredibly important functions in treating the sick or helping the injured to heal. And when any one of these medical devices malfunctions or doesn’t work as advertised, it is a much more serious thing than when a spark plug is defective, or a vacuum cleaner belt, or a television remote. No matter how mundane or simple the medical device, if it malfunctions, lives could be at stake.

Medical devices should help the patients who use them. It should not hurt or kill them. Medical device companies make a great deal of profit because of the devices that they manufacture, and they are under a duty to both make those devices safe and to alert you of any potential risks so you (and your doctor) can make an informed decision about utilizing one.

A medical device can malfunction for any number of reasons. Sometimes it involves overuse of the device, which leads to wear and tear. Sometimes the device is poorly maintained. But sometimes there was an inherent flaw in the device before it ever even got to the hospital, pharmacy or doctors office. There could have been a flaw in the design. There could have been a flaw in the manufacturing process. The device could have been marketed in an inappropriate or dangerous way. Any one of these reasons could result in innocent people being hurt or worse.

In order for medical devices to be marketed to the general public, they must first be approved by a division of the Food and Drug Administration (FDA) known as the Center for Devices and Radiological Health (CDRH). The CDRH has the responsibility of testing and approving each and every medical device to ensure that it is both safe and effective. Unfortunately, the FDA is notoriously slow, and often defective medical devices are found to already be in use in hospitals or clinics.

Medical device manufacturers are responsible for any injuries or deaths caused as a result of each and every product that they market. In order to safeguard consumers from medical device defects, manufacturers are responsible for testing the safety and efficacy of their products. As such, they are liable for any injuries or deaths that result from a defective medical device.

At Breit, Drescher and Imprevento, we are well aware of the suffering that victims and their families can go through when they have been injured due to the negligence or incompetence of someone else. We have helped many victims of defective medical devices receive fair compensation for their injuries, including medical costs, lost wages, lost future earnings, physical suffering and emotional distress. Our team of attorneys have faithfully and aggressively served the injured of Norfolk, Virginia Beach and Tidewater for decades now, and we are ready, willing and able to help you.

If you or a loved one has been injured due to a defective medical device, contact Breit, Drescher and Imprevento for a free legal consultation today.