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The Safe Medical Devices Act requires all health care facilities to report to manufacturers of the product any illnesses or injuries caused by their devices. In August 2015, there was an outbreak of carbapaenem-ressistant Enterobacteriaceae, or CRE, around the U.S. caused by a contaminated duodenoscope.
What Is a Dueodenoscope?
A dueodenoscope is a lighted tube inserted in an individual’s mouth. It travels down the patient’s digestive system to the top of their small intestine. The device is used during an endoscopic retrograde cholangiopancreatography (ERCP). The procedure aids in diagnosing and treating bile ducts and pancreas problems. It is used in a similar manner to scopes that are used in colonoscopy examinations.
How Do Infections Occur When a Dueodenoscope Is Used?
The dueodenoscope has many tiny parts. Fluid and tissue from an individual can remain on the device after it is cleaned. This can cause what is known as a “patient-to-patient” infection.
Can I Sue For a Dueodenoscope Infection?
Depending on the circumstances, an individual who suffered a dueodenoscope infection may bring certain types of lawsuits, such as:
- Defective product
- Medical malpractice
- Wrongful death
- Class action lawsuit
What Is a Defective Product Lawsuit?
A defective product is a product causing injury to an individual because of a design defect, faulty labeling, or defective manufacturing. When a defective product is placed on the market and harms people, liability falls on the:
What Is a Class Action Lawsuit?
A class action is a legal claim brought against a company, government, or individual on behalf of a group of people. These people share the same injury or common legal claim.
When Can I File a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal option for a family member of a deceased victim of a duodenoscope infection. The family member filing the lawsuit must be a close relative such as a parent, sibling, spouse, or child of the deceased. The lawsuit can be filed against a company, individual, or government. The plaintiff seeks to recover damages such as:
- Funeral expenses
- Medical expenses
- Lost earnings
- Lost benefits
Do I Need an Attorney?
Yes. To understand more about your rights regarding a duodenoscope infection, contact a personal injury attorney.
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Last Modified: 12-15-2015 09:57 AM PST
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