When Surgical Hardware Fails, Who Is Liable?

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Surgical hardware, including pins, screws, rods, and plates, is sometimes required to help repair broken bones. They keep damaged bones in place, so they heal in the proper position. Surgical procedures using hardware are usually successful, and patients recover without further problems. However, there are cases where surgical hardware fails, and it causes patients to suffer severe pain and medical complications.

When Is Surgical Hardware Used?

Some bone fractures are not likely to heal properly with a cast or splint, making it necessary to have a surgical repair. Surgery involving metal hardware is called open reduction and internal fixation (ORIF), and it is used to ensure that broken bones stay in place and heal correctly. ORIF is often beneficial when there are fractures that involve joint or compound fractures. Without ORIF, patients suffering from these types of fractures may lose mobility, and other problems may arise. Surgical hardware can be the best option for proper healing. However, if any metal parts are defective, the consequences can be severe.

What Complications Are Caused By Defective Surgical Hardware?

When surgical hardware is defective, it can result in a wide range of injuries, from minor to life-threatening. In some cases, patients must have additional surgeries to repair the damage. Other times, patients may need rehabilitation or physical therapy to regain function in the body parts affected.

Injuries from defective screws, pins, plates, or rods can drastically impact patients’ lives. Their family members or home health professionals may have to provide care for them, they may need ongoing medical appointments, hospital stays, and surgeries, and they may not be able to work. All of these things come with a financial burden, which can be distressing to handle.

Some of the common complications caused by defective surgical hardware include:

  • Broken pin or screw
  • Misalignment or loosening of hardware
  • Dissolving hardware
  • Moving hardware pieces
  • Exposure to toxic particles from the grinding of titanium devices

The complications can result in injuries such as:

  • Infection
  • Fever
  • Swelling of damaged tissue
  • Pain
  • Fluid buildup
  • Loss of mobility
  • Punctured organs
  • Inflammation

If any of the above symptoms occur, the patient should seek medical attention immediately.

Can You Sue For Defective Surgical Hardware?

If you have surgical hardware to repair injuries, and they break, you may be able to pursue a case. Depending on the details of your situation and how it happened, you may be entitled to pursue a product liability or medical malpractice claim.

The surgical hardware may be defective. It may have defects in its design, manufacturing, or labeling. Manufacturing companies that produce surgical hardware are responsible for ensuring their products are safe for medical use. Suppose one of their products is defective, cracks or breaks after being surgically installed, and you suffer injury. In that case, the manufacturer may be held liable through a product liability claim.

Surgeons also have to meet a duty of care. They are required to provide the accepted standard of care to patients. If they violate that duty and a patient is injured, they can be held accountable in court. Unfortunately, it is possible for surgeons and doctors to knowingly use defective hardware in a procedure. Additionally, surgical hardware can become damaged or defective while doctors install it. In either situation, you may be able to file a medical malpractice claim to hold the medical professional or hospital liable.

Surgeons also have to meet a duty of care. They are required to provide the accepted standard of care to patients. If they violate that duty and a patient is injured, they can be held accountable in court. Unfortunately, it is possible for surgeons and doctors to knowingly use defective hardware in a procedure. Additionally, surgical hardware can become damaged or defective while doctors are installing it. In either situation, you may be able to file a medical malpractice claim to hold the medical professional or hospital liable.

Contact Ross Feller Casey For Help

Have you had a surgical procedure in which defective hardware was installed? Or did a surgical screw, rod, pin, or plate crack or break after surgery, injuring you as a result? If so, you have likely had to have additional medical care at your own expense. You may have lost wages or even your job, making it difficult to continue to provide for your family. If this sounds like what happened to you, contact Ross Feller Casey for help with a product liability or medical malpractice claim.

Our experienced attorneys have an unmatched record litigating all types of personal injury lawsuits, including those involving surgical hardware. They are ready to review your case and determine where the liability for your damages lies. Whether it’s a defective product claim or a case of medical malpractice, we have lawyers and physicians on staff to investigate your claim and help you proceed legally. You may be entitled to compensation for your medical expenses, lost income, and pain and suffering. While money won’t heal your physical injuries, it will help ease your family’s financial burden.

Call Ross Feller Casey today for more information. You won’t pay anything until we win your case.

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