As medical technology improves and advances, more and more implantable and prosthetic products are flooding the market. In most cases, the benefits of trying these products and using them far outweigh the risks and potential injury or damage they may cause if there is a problem. It is important, however, to do your research and know your rights.
Remember that whenever you choose to depend on a medical device, you are opening yourself up to risk. Medical devices, although vetted by many more organizations that a typical product, still have potential risks for failure, manufacturing defect or false marketing. Although you can seek redress through a product liability or medical malpractice lawsuit if you’re prosthetic or implant fails its better to prepare yourself with information up front. For instance, you should keep detailed records of any surgeries, manufacturer information about any prosthetics and implants and a detailed accounting of risk factors and potential problems that could occur.
For instance, if you are considering a cochlear implant for your deaf or profoundly hard of hearing child, you should research the various manufacturers, identify product recalls and assess the risk factors associated with such an implant. Additionally, you need to identify the secondary support your child may need in order to make the implant successful – the auditory and speech therapy, the updates in technology that may prompt later surgeries and the like. By doing this research, and identifying the risk factors and knowing your rights, if something does go wrong you will know what to do and you’ll have thorough records and an accounting of all monies spent and all warnings given.
Why is it so important to prepare, be informed and to protect yourself? Medical device manufacturers, like any company, are interested in creating a quality product, but they are also focused on profitability. They will protect themselves from any claim of medical device malfunction with all the resources they have and unless you have records and proof and a qualified attorney by your side, you are unlikely to be taken seriously.
Medical implants and prosthetics are particularly important because in all likelihood you will end up depending on them every day. For instance, if you received a prosthetic spinal disc to combat the pain of a herniated lumbar disc, you are depending on that disc every day for your every move. Your spine and its functionality are depending on a man-made product like the Charite disc and it better be up to par. If it isn’t and you are made vulnerable by a second or third spinal surgery, you deserve compensation for that product failure.
Be a smart patient – arm yourself with knowledge about studies, medical device recalls, manufacturers and potential implants and prosthetics that relate to your condition. Make an intelligent and informed choice about your treatment with your physician. Enjoy the benefits of today’s medical devices, but also prepare yourself for a less than perfect outcome. If a medical device like an implant or a prosthetic fails to live up to its claims, you may have a claim for compensation or redress.