Surgical devices that malfunction cause thousands of deaths each year. If you have been injured by a medical device malfunction or by a doctor improperly using a surgical device, you may be eligible to seek compensation.
Surgical devices are used across the U.S. in millions of patients and many of these devices truly save lives. There are some however, that are misused and some surgical devices that malfunction causing additional surgeries, painful conditions and even some that lead to death. Whether you have been the victim of medical malpractice because a doctor has misused a surgical device, or if you have been the victim of a surgical device malfunction, you may have the opportunity to seek damages from your physician or from the manufacturer.
A surgical device is one that is typically used before, during or after a surgery. For instance, if a patient is getting an angioplasty, the physician may use the Boston Scientific Flextome Cutting Balloon Device and Monorail Delivery System. This system is inserted through the artery and is designed to inflate a tiny balloon within the artery that also has tiny surgical blades attached to it that cut through any fatty plaque in the artery to improve circulation. This particular medical device has been recalled because in some instances, the attached distal catheter has separated from the device itself making removal of the Balloon device particularly difficult. Typically a more invasive surgery or even a heart bypass is necessary to save the patient.
Likewise, the Boston Scientific Taxus stent had a surgical device malfunction. In this case, a stent – a small surgical device used to prop open partially occluded arteries was inserted into the artery and inflated with a tiny balloon. In several instances, the balloon then failed to deflate, creating serious problems because not only could they not remove the device; the balloon was effectively blocking the artery. Because it was impossible to remove the balloon, open chest surgery was necessary in several cases which significantly heightened chance for long term injury and death. Some patients even required bypass surgery which carries a much higher risk of permanent injury and death.
In other cases involving stents, some doctors attempted to use the Codis Precise RX Stent from Johnson and Johnson which is specifically designed for the bile duct system in the vascular system. This misuse prompted a Class I recall of the stents and then Johnson and Johnson issued more specific instructions for the use of the Cordis biliary stent. In this case, some doctors actually used the stent for a purpose the FDA had not designated, making them potentially liable for the consequences of their actions.
In some cases, a surgical device used in closing the wound can malfunction. For instance, many surgical wounds are closed with surgical staples because they are fast, efficient and in many cases they have a lower incidence of infection. A special stapler must be employed to close wounds with these staples and in 2003 it became widely known that the Tyco US Surgical Stapler was causing more injuries than it was helping. The Tyco surgical stapler was linked to over 100 deaths and over 2,000 injuries. The mechanism that released the staples malfunctioned and did not properly close a number of surgical wounds. Because the tissues could not heal properly, because of blood and fluid loss and because of higher incidences of infection many patients were permanently injured and several died. In other instances the stapler would actually adhere to the skin during surgery requiring additional procedures to remove it from the patient.
If you have been injured by a surgical device or surgical device malfunction, you may be able to seek compensation from the manufacturer of the surgical device. If a doctor has misused a surgical device, they may be guilty of malpractice. If you have been the victim of either of these circumstances relating to surgical devices you should call a medical malpractice or surgical device attorney today.