When you visit a doctor, hospital, or clinic, you do not examine the equipment they use. You would assume that the equipment that your medical professional is using is up-to-date and features the latest technology. This assumption is what leads to outdated medical equipment being used; patients often do not realize that they are the victim of negligence when things go wrong.
Medical malpractice occurs in numerous situations. While some are blaringly obvious, others (like outdated medical equipment issues) are not. This type of negligence is not only difficult to recognize, but it can be difficult to prove, because it requires medical expertise in order to understand what went wrong and what might have caused that issue.
Negligence in a healthcare setting occurs when a healthcare professional, who owes a duty of care to their patient, breaches that duty in some way, and the patient therefore suffers harm. When it comes to medical equipment maintenance and replacement, a physician or hospital must keep up with any potential liability claims.
While hospitals in larger cities most likely have innovative, cutting-edge technology, smaller or more private practices may not have access to the latest technology. Some may have limited resources for accessing the latest technology, too. Regardless of access, if the plaintiff can show that their injury occurred because the treating physician or facility used outdated equipment, then the matter of damages would be addressed.
The amount of damages that you can collect when faulty medical equipment is used will vary. It will depend on a multitude of factors, including if the hospital or physician were aware the equipment was outdated; if they had access to newer technology; and the direct role the outdated equipment played in your injury. It also depends on how the law addressed the upkeep and replacement of hospital equipment. This is why it is important that you speak with a medical malpractice attorney. An attorney can review the statutes and see how they apply to your particular personal injury claim. In some cases, you may be able to seek additional damages because the hospital was grossly negligent. In others, you may not be awarded punitive damages.
In some cases, the outdated equipment may not be the cause of your injury. It could be a defect with the product, or the error was solely based on the actions of the treating healthcare professional. This is why it is best to have your case assessed by a medical malpractice attorney. An attorney will be able to identify all potential defendants (including the possibility of the medical equipment’s manufacturer), so that you can receive the compensation that you deserve.
If you have been injured and you suspect that the injury was the result of outdated or faulty medical equipment, contact a medical malpractice attorney right away. Contact Berkowitz and Hanna LLC today to schedule a no-obligation case evaluation.