Defective and malfunctioning products can take many different forms, the most dangerous of which may be defective medical devices. Defective medical devices put people's lives at risk, and could literally mean the difference between life and death for some people.
The Sugar Land, TX lawyers of Reed & Terry, LLP would like to consider pacemaker defects and how these device failures may come about:
- Failure of the pacemaker itself
- Failure during the surgery to place a pacemaker
- Failure of a pacemaker due to third party actions
We’ll note the types of lawsuits that may be filed and how a lawyer can help.
Pacemaker Defects Due to Device Failure
In these cases, the pacemaker fails because of a problem with the device itself. A pacemaker malfunction could case problems with a person’s heartbeat, and may lead to heart failure and other serious issues.
Filing a Product Liability Lawsuit
If you suffered from failure of the pacemaker itself, it’s important that you file a product liability suit against the manufacturer of the device. This lawsuit holds the medical company responsible for creating a defective medical product and putting this dangerous medical device on the market.
Statute of Limitations for Product Liability Lawsuits
There is a two-year statute of limitations on product liability lawsuits in the state of Texas, meaning that a lawsuit must be filed within two years of the pacemaker failure.
Pacemaker Defects Due to Surgical Installation Errors
In order to place a pacemaker, a patient undergoes heart surgery. There are cases in which the surgery to place the pacemaker eventually results in the failure of the pacemaker, or limited function of the pacemaker. In other words, the problem isn’t with the pacemaker per se but the heart surgeon’s work.
Filing a Medical Malpractice Lawsuit
If a surgeon’s poor work is what resulted in the pacemaker problem, it’s important to file a medical malpractice lawsuit against the surgeon. These lawsuits hold medical professionals accountable when their negligence puts patients at risk.
Statute of Limitations for Medical Malpractice Lawsuits
There is a two-year statute of limitations on medical malpractice lawsuits in the state of Texas, meaning that a lawsuit must be filed within two years of the pacemaker issue arising.
Pacemaker Defects Due to Third-Party Problems
People with pacemakers must take additional precautions to avoid issues with their pacemaker. Certain medical devices, high-voltage equipment, and motor-generator systems can lead to pacemaker problems. Additionally, prolonged exposure to metal detectors and even cellphones directly on your chest could lead to harm.
Filing a Personal Injury Lawsuit
If a third-party (such as security personnel) knows you have a pacemaker and subjects you to potentially harmful activities or actions that lead to pacemaker problems, you have a potential injury lawsuit against them. You may also have a lawsuit against the manufacturer of the pacemaker and/or the heart surgeon who placed the device depending on the nature of the incident.
Statute of Limitations for Personal Injury Lawsuits
There is a two-year statute of limitations on personal injury lawsuits in the state of Texas. The lawsuit must be filed within two years of the incident that caused pacemaker problems.
Given that these kinds of pacemaker issues can involve multiple factors related to the device failure, be sure to keep in mind the other two-year statutes of limitations if you will also pursue legal actions against the heart surgeon and/or the device manufacturer.
Contact an Experienced Attorney
To learn more about your legal rights and options when a medical device does not function properly, be sure to contact our team of product liability lawyers. Reed & Terry, LLP can also be reached by phone at (281) 201-0988. We will be here to answer your questions and address your concerns in full, and help you with your case.