Bleeding Edge: Are Medical Device Failures Considered Malpractice?

August 24, 2022by LegalASAP

Incredible advances in medical technology have extended lives and given hope where there was none before. With some of these medical advances come mistakes and defective devices that can do more harm than they heal. Medical malpractice attorneys can help determine whether a defective device is to blame or a doctor’s error. This post will examine if you need legal representation to pursue a medical malpractice claim for a device failure. 

Medical Malpractice Free Evaluation
Step 1 of 3

Examples of medical devices

Medical devices have saved and improved countless lives. They all require the expertise of a doctor or surgeon to implant or insert. A doctor should only do this after a careful medical review. Here are some of the most common medical devices around:

Birth control implants

  • Contraceptive implant: A contraceptive implant is inserted under the skin in the upper arm. It slowly releases a progestational hormone. This hormone suppresses ovulation and prevents sperm from reaching the egg.
  • IUD: An IUD or intrauterine device is a small, T-shaped device inserted into the uterus. It can be copper or hormonal; both are 99% effective against pregnancy. The copper ones release ions that make the environment inhospitable to sperm. The hormone IUDs prevent pregnancy by releasing progestin. This hormone makes it harder for the sperm to reach the egg and thins the uterine lining, making it harder to implant after fertilization. 

Hip replacements

In general, there are four types of hip replacement devices:

  • Metal on polyethylene: This kind is made with a metal ball that fits in a plastic or plastic-lined socket.
  • Ceramic on polyethylene: This is a ceramic ball with a plastic socket.
  • Ceramic on ceramic: A ceramic ball with a socket made with a ceramic lining.
  • Ceramic on metal: A ceramic ball with a socket that has a metal lining.

Spinal fusion hardware

For people with a broken back or other spine issues, spinal fusion hardware can keep your spine stable while you heal from surgery. It’s usually made from plates, wires, screws, and spacers that graft to the bone to keep the spine steady. 

Cosmetic implants

Cosmetic implants are typically made from synthetic materials like silicon. Others contain materials like saline to make body parts appear more full or rounder. A surgeon implants them during cosmetic surgical procedures. 


A defibrillator is a small medical device doctors implant to help prevent cardiac arrest. Defibrillators use electric shock to stop dangerous arrhythmia in your heart. 

A pacemaker sends a steady, low-energy electric shock to your heart to help maintain a regular rhythm and beat. 

Who is at fault?

For medical devices to be approved for use on patients, they must pass many testing phases and undergo intense review. Even with this scrutiny, companies can cut corners, and errors can occur. When this happens, it can lead to defective medical devices and device failure. 

The other side is that a skilled doctor must know how to use and insert the medical device properly. If a doctor is negligent, misdiagnoses the patient or makes a mistake when inserting the device, this can also cause harm. If a doctor knowingly inserts a defective medical device, they’re also liable. In this case, you should start the search for a “medical malpractice lawyer near me.” 

So how do you know who is at fault for the medical device failure? A medical malpractice attorney can review your case and advise you on who may be liable. 

How do I file a medical malpractice claim?

First, you need to know what type of claim to file. If a defective medical device is at fault for your injury, you could work with legal representation to file a product liability claim. This type of claim will bring a suit against the product manufacturer. 

However, suppose a doctor’s error or negligence caused your injury. In that case, you’ll need a medical malpractice lawyer for your malpractice claim. 

To help in your search for a “medical malpractice lawyer near me,” contact LegalASAP. We have an extensive network of experienced and trustworthy medical malpractice attorneys. They can help review your case and advise you on the next best step. Take our free evaluation today to see if you may qualify.

About Us
You need a lawyer with the right training and experience to advise you about your specific legal issue. We can help.
Our Locations
Where to find us?

We help people nationwide find legal help
when and where they need it.

USA Dot Map
Follow Us
Social links
Who We Are
You need a lawyer with the right training and experience to advise you about your specific legal issue. We can help.
Our locations
Where to find us?
We help people nationwide find legal help when and where they need it.
Follow Us
Social links

©, Inc. All rights reserved.

©, Inc. All rights reserved.