While inserting a screw into my broken hand, the drill bit broke off. Is this product liability or medical malpractice?

Question

The surgeon disclosed this happened and said he tried to remove the drill bit, but decided it was best to leave it in. Now, years later, the drill bit has disintegrated into numerous metal bits throughout my hand joints. It has created crippling pain for years. A new hand specialist says he wants to remove all the broken bits and the screw, as he doesn't feel the bone properly healed. It will take 2-3 surgeries and years of physical and occupational therapy. This is my right hand, and I am right-handed. It hurts to hold a pencil or type, much less anything else. Is this a product liability case? I know medical malpractice cases are difficult, but I was told to read CA Code 340.5 regarding the presence of a foreign body that has no purpose. The original surgery happened in 2004 and the re-discovery of the fragmented drill bit occurred 2 months ago. I am in my 30's and need to make a living. Any guidance is greatly appreciated. Thank you.

Joel Gary Selik · Answer

It might be either or both, or neither.  It depends if it broke because it was defective or because the doctor did something wrong. Or was it something that happened due without negligence or defect?  Experts would need to review the records.  The viability of the case may depend on the nature and extent of your injuries due to the nature of medical malpractice cases and the laws that protect doctors, hospitals and their insurance companies.

Tim Akpinar · Answer

Most law firms would tell you that they would need additional information to answer your question. They would want to see the medical file, including diagnostic imaging films. If the drill bit failure involved a defect related to its manufacture or design, it's possible product liability theories could apply. Firms that handle such cases generally offer free initial consults. Good luck

James L. Arrasmith · Answer

Based on the information provided, it is possible that both product liability and medical malpractice could be factors in your case. 
 
Product liability refers to the legal responsibility of a manufacturer or seller for injuries caused by a defective product. In this case, the broken drill bit could be considered a defect in the product (the drill) that was being used during the surgical procedure. If it can be shown that the drill bit was defective and that the defect caused your injuries, then you may have a product liability claim against the manufacturer of the drill or the supplier of the drill bit. 
 
Medical malpractice, on the other hand, refers to the legal responsibility of a healthcare provider for injuries caused by negligence or substandard care. In this case, the surgeon who performed the procedure may have been negligent in their handling of the broken drill bit. If it can be shown that the surgeon's actions fell below the accepted standard of care and that this negligence caused your injuries, then you may have a medical malpractice claim against the surgeon. 
 
It is important to note that pursuing a medical malpractice or product liability claim can be complex, time-consuming, and costly. It is recommended that you seek the guidance of an experienced attorney who can help you assess the strength of your case and determine the best course of action. The attorney can help you investigate the details of the case, gather evidence, and work towards achieving a favorable outcome. 
 
Overall, while it is difficult to determine the exact nature of your case without additional information, it is possible that both product liability and medical malpractice may be factors. Consulting with an experienced attorney can help you understand your legal options and work towards achieving justice and compensation for your injuries.

Q: While inserting a screw into my broken hand, the drill bit broke off. Is this product liability or medical malpractice?