Q: can a case be brought against pacemaker company after dr stating i had a faulty pacemaker originally placed ?
had a pacemaker placed in 2019, just this paced Feb 2022 i was called into the Drs. office due to the pacemaker monitor signaling a problem, I was told the lead wire needed to be replaced. I was then admitted into hospital and had to have the pacemaker COMPLETLY replaced not just what I went in for to replace the broken lead wire. The surgeon told me after surgery that I had a faulty pacemaker.
Im asking if this would possibly be case?
not against my DR, but the pacemaker company Boston Scientific.
A:
I'm very sorry this happened to you and wish you a healthy recovery from your ordeal. There are cases bought under the legal theory you describe. You are saying it is not the surgeon (which would have otherwise been a medical malpractice case), but rather the device itself. When it is the device, the legal theory is one of product liability. That means the product was defective in some manner, generally meaning the device was defectively manufactured or defectively designed. This is a most simple outline. There is much more to the concept, as well as other possible theories.
One option is to reach out to law firms that handle product liability cases involving medical devices. Such firms typically offer free initial consults. In terms of your central question of whether you possibly have a case, that could be answered more meaningfully with a consult - reviewing the file, details about the device, the nature of the failure, and other elements.
Good luck. I'm happy you were able to identify the problem so as to take preventive measures to protect yourself. If you make future posts, you could leave out personal information to protect your privacy. Good luck toward a healthy recovery.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
