What If My Injury is from Defective Medical Equipment?

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March 16, 2016
Colson Hicks Eidson

Miami Medical Negligence Attorney Explains Intersection

Sometimes, medical malpractice cases have elements of defective product liability as well. In this video, Miami medical negligence attorney Joe Kalbac details one of his past cases where the wrongful death of the patient was caused by a defective medical device in surgery or other treatment.

Our Miami personal injury law firm has won multimillion-dollar verdicts and settlements related to defective medical devices. If you have questions regarding a medical malpractice claim, you can reach our Florida attorneys at 305-476-7400 or you can fill out our online case review form.

Video Transcription:

I handle medical negligence cases but I also handle products liability cases and sometimes those two types of cases combine to determine why an incident happens. I represented a family whose 14 year old daughter went to do something as simple as having her tonsils out. She went to a surgeon who used a brand new machine that uses microwaves to ablate tissue. It had been approved for knee surgeries, which are not vascular surgeries. There’s not a lot of blood in knee surgeries. And so this particular company went to the FDA and based upon a trial involving orthopedic procedures got approval to use it in tonsillectomy. They then went and marketed to different doctors, and this particular doctor was using it to perform a tonsillectomy for the first time. Tonsillectomies are one of the most vascular surgeries you can perform. Well, in this particular case, the surgeon was learning on this particular patient and actually burnt into her carotid artery. She was then rushed to the emergency room at a local hospital. They got her to the operating room, they sedated her and she literally bled to death there on the operating table. So this is an example of how you might look at a medical negligence case thinking it’s a medical negligence case when in fact there might be a defective product involved.

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