A Medtronic Defibrillator is one of the newest life-saving devices on the market. A defibrillator or an AED, as they are commonly known, is a life-saving medical device that delivers emergency treatment to cardiac arrest or a shock to the chest. Many people are critical in making the decision to purchase such a defibrillator but before purchasing a defibrillator there are several questions that must be answered. Questions such as: what are the different parts and how do they work? Do they need to be registered with the American Heart Association or are they only for emergency use?
The second most important question that must be answered is: What are the legalities of a defibrillator lawsuit?
When a consumer purchases and uses such a defibrillator, they are entering a contract with the manufacturer. Upon purchase the item is issued with a sales receipt. If and when the consumer should ever need such a device, they are legally required to obtain a warranty from the seller. In the event that the unit is defective then the consumer may file a complaint with their insurance company or the warranty agency.
There is also a question of responsibility that has to be answered. Why is the manufacturer only able to warranty their product if it malfunctions? Why is it that only certain parts can be replaced under the warranty? Why are some parts not covered and what should the company do in these situations? These are all legitimate questions that have to be answered.
One of the biggest liabilities that a Medtronic Defibrillator manufacturer can face is liability.
Hospitals, medical offices, and other medical facilities are held responsible for any accidents that take place with their devices. Hospitals and clinics are also responsible for paying for damages that occur in an accident caused by their equipment. In the event that an employee is injured or killed due to one of these devices then it is the facility’s responsibility to compensate the injured party. The same would hold true if an elderly or disabled person used the defibrillator and was injured or killed because of it.
Another liability that can be pointed to Medtronics Defibrillator lawsuits is negligence.
How can a hospital and/or clinic be expecting not to know something that they are installing? For example, if the device was installed incorrectly or if the wrong code was programmed into the machine could a doctor or facility be negligent? This would be grounds for a lawsuit. In the same breath, how can a hospital expect to not know about the possibility of a defect while installing the defibrillator?
It may also be questioned as to why it has taken so long for this type of lawsuit to be filed against the manufacturer. Many feel that this is due to a fear of losing money, especially in the case of a device that has been on the market for over 30 years. Manufacturers have also been forced to change their terms and conditions in recent times in order to protect themselves from such lawsuits, meaning that the potential is still there for an unpleasant situation to arise.
It is also interesting to note that many of these lawsuits are being initiated by families who are suffering with cardiac arrest, which is a potentially fatal medical condition that can be made significantly more dangerous by using a defective medical device.
The family of a deceased patient has taken the legal route to press charges against the manufacturer of the Defibrillator. This is not at all uncommon. Unfortunately, there is very little that the courts can do to stop such lawsuits once they have started. The issue of whether the medical device manufacturer will be held liable for the actions of the device once it is used is usually up to the courts, not the manufacturer.
There is no doubt that a Medtronic Defibrillator lawsuit can become an extremely bitter experience for the patients who have been named in the lawsuit and who feel that they have been wronged.
If you would like to learn more about this type of case, you may want to contact a personal injury attorney who specializes in medical malpractice and other lawsuits of this nature. You may also want to check your local telephone directory or do a quick internet search. Regardless of your decision, there is a strong chance that you will come across information about a Medtronic Defibrillator lawsuit.