3D printed medical devices are on the rise as printing them becomes more
accessible to many hospitals. Some hospitals have begun to print the devices
patients need in-house, using their own printer to render custom designs
to fit the needs of their patients. As this new medical technology gains
traction, it raises the question of who is responsible when a patient
is injured by a custom-printed device.
In traditionally manufactured medical devices, the manufacturer must put
all designs and devices through rigorous quality control tests. The FDA
oversees all safe manufacturing processes and enforces quality standards
for the medical devices they produce. When a doctor designs and prints
a 3D printed device, they take on the role of the manufacturer, but legally,
they are still considered a consumer, and not a supplier of medical devices.
In product liability cases, it can be difficult to place blame on a doctor
who created a faulty device.
Under current laws, patients are relegated to making negligence claims
to recover damages after being injured by a 3D printed device. In a negligence
claim, victims will need to prove that their doctor breached their duty
of care to the patient, the device directly caused the injury, and that
they sustained injuries and expenses due to the device. Since the technology
is so new, finding expert witnesses to help the victim’s claim can
be a challenge.
If the device was recommended or the use of a 3D printed device was supervised
by hospital staff or a doctor, it may be possible to file a
medical malpractice claim. To file a medical malpractice claim, you will need to demonstrate
that the device was used incorrectly, there was improper training in regard
to the device’s use or creation, or that there was a failure to
provide informed consent about the procedure, including the potential
risks. If you are able to show that your doctor did not demonstrate reasonable
skill and care, you may be able to recover damages.
If you’ve been injured by a 3D printed medical device, you should
contact our Albuquerque
personal injury attorney.
Michael J. Doyle, Attorney At Law has more than a decade of experience helping injured victims with a variety
of personal injury claims, including medical malpractice claims. We offer
the one-on-one legal service you deserve.
Contact Michael J. Doyle, Attorney At Law today to request a