If you or a loved one suffered harm because a medical provider or manufacturer failed to ensure medical equipment worked safely, call (304) 720-6700 or message Tiano O’Dell, PLLC today. We can schedule a free consultation to discuss your potential claim.
Why Clients Trust Us
Medical equipment failure cases require a close look at both medical decisions and the device or machine involved. You need a legal team that can investigate what failed, who controlled the equipment, and whether the injury should have been prevented. We approach these cases with purpose because:
- We review the full chain of responsibility, including hospitals, providers, maintenance companies, and manufacturers.
- We use medical records, equipment data, and expert analysis to determine whether safety standards were ignored.
- We prepare cases carefully from the beginning so insurers and corporate defendants understand the seriousness of the claim.
Our Results
Tiano O’Dell, PLLC has secured meaningful results in medical malpractice and defective product cases, including:
- $4.98 million verdict for a medical malpractice case involving a missed diagnosis in the emergency room.
- $3 million verdict against Ford Motor Company for a defective gas pedal stuck in the open throttle position.
- $785,000 verdict for a medical malpractice case involving a negligently cut bile duct after the insurance company initially offered nothing to settle.
How Do Medical Equipment Failures Happen?
Medical equipment must function properly because doctors and nurses rely on it to monitor, diagnose, and treat patients. When equipment fails, patients can suffer delayed care, incorrect treatment, or catastrophic injury. Failures may involve:
- Defective monitors that miss changes in a patient’s condition.
- Infusion pumps that deliver the wrong medication dose.
- Ventilators or oxygen equipment that fail during critical care.
- Surgical tools that malfunction during a procedure.
- Imaging equipment that produces inaccurate results.
- Hospital beds, lifts, or mobility devices that collapse or malfunction.
Some failures result from defective design or manufacturing. Others happen because hospitals fail to maintain, inspect, clean, or replace equipment.
Who May Be Responsible for Medical Equipment Failures?
Liability for medical equipment failures depends on what failed and why, but multiple parties may be responsible, including:
- Hospitals that failed to maintain or inspect equipment.
- Doctors or nurses who ignored alarms, warnings, or obvious malfunctions.
- Technicians who failed to repair or calibrate equipment properly.
- Manufacturers that released defective or unsafe devices.
- Distributors or maintenance companies that failed to address known problems.
A careful investigation can determine whether the failure involved medical negligence, product defects, or both.
West Virginia Laws on Medical Equipment Failure
Medical equipment failure cases may involve both medical malpractice and product liability law. The right claim depends on whether the injury was caused by negligent medical care, a defective device, or both.
Medical Malpractice Law
Under West Virginia Code §55-7B-3, a medical malpractice claim may apply when a provider failed to use the “care, skill and learning” expected of a reasonably prudent health care provider, and that failure caused injury or death.
Certificate of Merit
West Virginia also requires pre-suit steps in many medical malpractice cases under West Virginia Code §55-7B-6, including a notice of claim and a screening certificate of merit. A screening certificate of merit is a document from a qualified medical expert stating that the claim has medical support and that the provider’s conduct may have fallen below the accepted standard of care.
Product Liability
Product liability law may apply when the equipment itself was unsafe. Under West Virginia Code §55-7-31, a product liability claim may involve injuries caused by the “manufacture, construction, design,” labeling, or “failure to warn” about a product’s dangers.
Contact Us Today
Call (304) 720-6700 or message Tiano O’Dell, PLLC today to schedule a free consultation with a trusted Charleston, WV medical equipment failures attorney.
