Baltimore Medical Malpractice Attorneys: Injuries Caused by Medical Devices Can Lead to Medical Malpractice LawsuitsAugust 1, 2014
When it comes to medical malpractice, most of us tend to associate claims with certain types of injuries or diagnoses. However, in some cases, an injury caused by a defective medical device, in addition to providing grounds for a products liability lawsuit, may also qualify for a medical malpractice claim.
Contrary to popular belief, in these types of cases, it’s not always necessary to choose between a defective product claim and a medical malpractice claim. As long as you have a reasonable legal basis, you should be eligible to file for every available type of legal claim in your complaint. If a hospital or physician provides medical equipment that fails or malfunctions, causing an injury to the patient, the provider can be held liable in a negligence or medical malpractice suit.
For a medical malpractice claim resulting from a defective medical device, you must be able to prove that you were injured, that the medical device was defective (improperly designed, manufactured or marketed), and that the defective device caused your injury.
As with any medical malpractice claim, your lawsuit is subject to Maryland’s statute of limitations of either three years from the date the injury was discovered or five years from the date of the actual injury, whichever comes first. To give you and your family the best chance at success, consult the dedicated Baltimore medical malpractice attorneys at LeViness, Tolzman & Hamilton, P.A. as you explore your options.