A duodenoscope 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.
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-resistant Enterobacteriaceae, or CRE, around the U.S. caused by a contaminated duodenoscope.
How Do Infections Occur When a Duodenoscope is Used?
The duodenoscope 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.
Infections can be severe and may cause complications to existing medical treatments. The infections may necessitate additional medical procedures, treatments, or medication.
Can I Sue For a Duodenoscope Infection?
Depending on the circumstances, an individual who suffered a duodenoscope 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:
Proving liability in each case will depend on the circumstances surrounding the injury or medical condition. Evidence that will be used during the lawsuit can include: medical documents, past hospital records, eyewitness testimony, photos and video footage, written declarations, and other items.
In cases where the court needs additional input and analysis, they may involve an expert witness, who can provide more details about certain subjects. In a duodenoscope lawsuit, the expert witnesses can sometimes include doctors and physicians, product experts, and other persons.
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
Should I Hire an Attorney for Help with a Duodenoscope Lawsuit?
Like other types of medical claims, duodenoscope lawsuits can be complex. You may need to hire an attorney in your area if you need help with your case. To understand more about your rights regarding a duodenoscope infection contact a local, personal injury attorney.