Endoscopes are medical devices that are comprised of a tube with a miniature camera attached to the end of it. They allow a doctor or surgeon to view a patient’s internal organs, which allows them to make diagnoses, perform surgeries, and other functions. Endoscopes are used in various medical procedures such as colonoscopies, microsurgeries, and other operations.
Endoscopes have been linked to various occurrences of infection, as well as other health risks. Due to the nature of the design of some endoscopes, they can be difficult to clean thoroughly and can retain fluids or bacteria from a patient after they are used in a procedure. Lack of cleaning or failure to clean an endoscope can result in the survival of bacteria after disinfection, which can lead to cross-contamination between patients.
Duodenoscopes are instruments that are similar to endoscopes, and also share similar infection risks. However, endoscopes do not bend or flex like Duodenoscopes, and are somewhat easier to clean.
Who can be Held Liable for an Injury Resulting from an Endoscope?
In some cases, a doctor, nurse, or other medical professional may be held liable for negligence or medical malpractice for causing an injury in connection with an endoscope. For instance, if the medical professional was negligent in cleaning an endoscope instrument, they may be found liable if the endoscope causes infection or injury to another patient.
In other cases, the manufacturer of an endoscope tool can be held liable for injuries that are caused by a defect with the instrument. An example of this is where there is a defect with the endoscope’s design that makes it more prone to retaining bacteria in between procedures. In such cases, the manufacturer could be held liable under a product liability theory of law.
What are the Legal Remedies for an Endoscope Injury Claim?
Endoscope injury claims may require a lawsuit. The legal remedy in these types of cases will typically involve some form of monetary damages award. The damages may cover expenses like hospital costs, medical bills, costs of missed work wages, pain and suffering, and other costs.
In cases where a specific endoscope product poses risks to consumers, an endoscope recall may be issued. Class action lawsuits may also be filed in cases where many persons were injured by the same product.
Do I Need a Lawyer for Help with an Endoscope Infection Lawsuit?
Endoscope infection lawsuits can involve some complex legal matters. It may be in your best interests to hire a personal injury lawyer in your area if you need help filing a lawsuit. Your attorney can guide you through the process and can provide legal advice and representation as well.