Pelvic mesh and transvaginal mesh are medical implants used to elevate urinary incontinence and or pelvic prolapse. Many women suffering from these conditions turn to these implants for relief. When designed and manufactured correctly, and when implanted into the patient correctly, women sufferers should be able to see a return to normal daily life.
The experienced Kingston medical malpractice attorney knows that many patients do not experience the relief they anticipated. Instead, the mesh implants erode and fracture into sharp fragments that which penetrate surrounding internal organs. At the very least, this is extremely painful for the patient.
Victims of pelvic mesh degeneration have products liability laws and medical malpractice laws on their side if they were injured by defective medical products and or if they were harmed by the negligence of a doctor.
First and foremost, medical devices must reach the ordinary expectations of the patient in whom the device is implanted. Medical products that are defectively designed, defectively manufactured, and or lack appropriate warnings do not meet these expectations. Any person or company involved in the production and distribution process can be held liable to people harmed by defective products; manufacturers, wholesalers, and retailers.
The surgeon that implanted the medical device can be liable too. If the surgeon failed to warn the patient of the dangers and complications related to having the device implanted, such a failure can amount to professional negligence. Victims of this type of act can expect to receive compensation for their pain and suffering, medical costs, and lost wages, just to name a few.
Another unexpected complication of pelvic mesh surgery is having the device negligently implanted. Performing surgery below the standards set forth by the medical community is medical malpractice. When patients are injury by this, they can be compensated for their damages.
Medical malpractice in the surgical setting happens in other ways too. When implanting the medical device, the patient may have been given too much or too little anesthesia. The wrong sutures may have been used to close the surgical site. Surgical instruments such as sponges, pads, and even scalpels have been left inside patients. All of these things should never happen. But when they do, the patient may suffer infections, excessive bleeding, and extreme pain. Additional surgeries may be needed to cure the mistakes.
If suing for medical malpractice, the injured patient will most likely file a single lawsuit against the alleged wrongdoers, which could be the surgeon, anesthesiologist, the hospital where the surgery took place, etc.; all of the possible defendants will be named in that one suit.
Products liability cases, however, are often class action suits where multiple victims sue the wrongdoers as a united group. This allows for more privacy and the victims will typically not have to appear in court.
But what do you think? I would love to hear from you! Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at [email protected] You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.