Defective medical equipment often comes that way from the manufacturer. This gives an injured patient the right to file a product liability lawsuit against the manufacturing company or distributor. This type of case typically uses the doctrine of strict liability, meaning that the injured victim does not have to prove that the manufacturer was negligent to receive financial compensation.
It is also possible that a medical device was in proper working order when it reached a hospital or health care facility, but negligence by the medical center rendered it dangerous. For example, hospital staff members might improperly configure, install, maintain or repair a piece of medical equipment, resulting in defects or breakdowns. In this scenario, the patient may have grounds for a Boston medical malpractice lawsuit against the hospital or facility.