DeFrancisco & Falgiatano Law Firm
Call now for a Free consultation
315-479-9000
VIEW OUR PRACTICE AREAS

Can medical malpractice be based on faulty equipment?

In a number of our posts on medical malpractice matters, we focus on how a physician fails to act as doctor with comparable experience and skills would in treating a patient. Indeed, we bemoan physicians who miss on basic diagnoses or conduct operations on the wrong side of the body. We also criticize medical assistants who do not communicate or miscount equipment before or after a surgical procedure. However, not all medical malpractice instances are based on human error.

Yes, some malpractice (or negligence) cases can be based on faulty equipment. According to a medicaldaily.com article, a large number of surgical errors can be traced back to equipment malfunctions. This is an important element to consider when human error is believed to be the main culprit in a malpractice matter. 

An element in the notion of reasonable care in surgical settings is to make sure that all equipment is ready, available and functioning properly. This is why a majority of hospitals follow strict protocols in preparing for procedures. However, if the equipment being used is not up to standard, the hospital could still be held liable if assistants do not perform reasonable checks are not performed.

After all, when equipment is not properly working (to monitor a person’s vitals, for example) the patient’s safety can be put in jeopardy. If a patient is harmed as a result, this can still be considered a failure to use reasonable care, and the hospital could be held liable.

If you have questions about your specific experience with medical negligence, an experienced attorney can help. 

No Comments

Leave a comment
Comment Information

Honors & Accreditations

Free Case Evaluation Form You will receive a prompt response to your evaluation.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

EMAIL US FOR A RESPONSE

OUR OFFICE LOCATIONS:

East Syracuse Office
6739 Myers Road
East Syracuse, NY 13057

East Syracuse Law Office Map

Oneida Office
312 Broad Street
Oneida, NY 13421

Oneida Law Office Map

Watertown Office
119 Sherman Street
Watertown, NY 13601

Watertown Law Office Map

New Hartford Office
23 Oxford Road
New Hartford, NY 13413

New Hartford Law Office Map

Oswego Office
92 W. 6th Street
Oswego, NY 13126

Oswego Law Office Map

Cortland Office
26 Court Street
Cortland, NY 13045

Cortland Law Office Map

Rochester Office
510 Clinton Square
Rochester, NY 14604

Rochester Law Office Map

Phone: 315-479-9000
Fax: 315-479-9300
Back To Top