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October 25th, 2012

Proving Medical Malpractice in a Case Involving a Medical Device in Pennsylvania

Proving Medical Malpractice in a Case Involving a Medical Device in Pennsylvania

Use of medical devices in surgeries is on the rise. However, pace makers, stents, and surgical devices such as pins and screws are all subject to various issues including negligent placement, negligent removal, and defective design or manufacture.

Proving negligence in a medical malpractice case in Pennsylvania which involves a medical device like a broken screw or pin requires proving that the surgeon was actually negligent. Depending on the circumstances, proving the surgeon’s negligence may also require proving that defective design or manufacture were not contributing factors.

For example, in a case where a surgical implant fails, such as a pin or screw which breaks, the patient bears the burden of proof and must establish what caused the device to fail. In a case where the surgeon implanted the screw negligently by using the wrong screw or pin or failing to implant it properly, the patient must be able to produce a medical expert report supporting that and explaining the negligence in detail. Depending on the facts, in addition to a standard medical expert opinion, additional report from a mechanical engineer may be necessary, in order to support that the screw or pin did not fail due to a defect in manufacturing or design. In other words, the patient may also have to prove that there is no valid products liability issue in the case.

The Statute of Limitations in a Medical Malpractice Case Involving a Medical Device

In Pennsylvania, patients who believe they have been the victim of medical malpractice are required to file their legal claims within two years of the date they discovered the negligence. For more information about the statute of limitations in a Pennsylvania medical malpractice case, click here. In the case of a broken surgical screw or pin, the patient might not realize that the screw is broken until many months, or years after the original implantation. Therefore, the statute of limitations would not begin ticking until they reasonably were able to discover the broken device.

Related Pennsylvania Medical Malpractice Legal Articles:

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; he 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.

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