Increases in technology mean increases in the use of medical devices. However, an increase in use of medical devices also translates into an increase in the number of cases involving negligence in the use, implantation or removal of such devices. In addition to negligence claims against a doctor, surgeon or hospital, there may be a defective products claim against the manufacturer. Some common medical devices include:
- pace makers,
- knee/hip joint replacements,
- surgical screws, rods, pins and plates, and
Pennsylvania’s Statute of Limitations in a Medical Malpractice Case Involving a Medical Device
Under Pennsylvania laws, medical malpractice victims have two years from the date of the negligent act to file suit. However, in most situations, a special rule called the “discovery rule” operates to toll the statute and allow victims to file claims beyond the two year deadline. Under the discovery rule, victims who cannot uncover the negligence despite due diligence may file their medical negligence claims within two years of discovering the error.
Negligence in a Medical Device Malpractice Case in Pennsylvania
Cases involving negligence related to a medical device are very complex and require counsel with knowledge and expertise in handling complex medical negligence cases. In these kinds of cases, doctors commonly defend the case by arguing that device malfunction was the cause of the injury, not the doctor’s own negligence. In cases where a medical device manufacturer is also sued, manufacturers commonly employ the same tactic by arguing that the cause of the injury was not the device, but rather, the doctor’s negligence in use, implantation or removal of the device.
Being able to prove either the doctor or the device manufacturer’s negligence can be accomplished by having the right expert and in order to do that, the injured patient must have the right medical malpractice lawyer. That lawyer will know which experts to use and more importantly, what questions to ask of the expert.
Related Pennsylvania Medical Malpractice Legal Articles:
- Pennsylvania Medical Malpractice Law – The Discovery Rule & The Statute of Limitations
- Pennsylvania’s Statute of Limitations in Medical Malpractice Cases – Filing a Certificate of Merit
- Pennsylvania Medical Malpractice Law – The Statute of Limitations in Surgical Error Cases
- Pennsylvania’s Statute of Limitations in Misdiagnosis or Failure to Diagnose Cases
For more information, contact a Pennsylvania medical malpractice and surgical error lawyer.
Our medical malpractice attorneys serve victims in the following areas: Allegheny County, PA; Berks County, PA; Bucks County, PA; Chester County, PA; Delaware County, PA; Lehigh County, PA; Montgomery County, PA; Northampton County, PA: Philadelphia County, PA; Atlantic County, NJ; Burlington County, NJ; Camden County, NJ; Cumberland County, NJ; Gloucester County, NJ; Salem County, NJ; New Castle County, DE; Kent County, DE; Atlantic City, NJ; Philadelphia, PA; Pittsburgh, PA; Newark, NJ; Doylestown, PA; Media, PA; West Chester, PA; Norristown, PA; Camden, NJ; Wilmington, DE; Newark, DE; Georgetown, DE; and New Castle, DE. Our lawyers can obtain special admission in other states on a case by case basis.
**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.
Published: August 13, 2012