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.
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.
Depending on the circumstances, an individual who suffered a duodenoscope infection may bring certain types of lawsuits, such as:
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.
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:
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.
Last Modified: 06-29-2018 02:40 PM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.