New Jersey company faces medical malpractice lawsuit
The medical field is very large and at times some errors can be expected. When a doctor is negligent or something goes wrong during medical treatment, however, a medical malpractice lawsuit may be needed. A patient who is seeking medical assistance in order to recover and feel better could be in a worse state if malpractice is committed. This might not only require additional medical procedures, but it could also alter the health of the individual for the rest of their life.
A New Jersey based company, Johnson & Johnson, is prepared to go to trial for the lawsuit brought to court by a woman from South Dakota. She is the first out of 1,800 suits being brought to court in the state of New Jersey with regards to the company’s vaginal mesh implant. The suit questions whether Johnson & Johnson properly warned patients of the risks that the device could pose to those that use it. Numerous women claim that the device causes pain, nerve damage, scarring and organ perforation. The company denies the allegations that they failed to warn patients of any risks, that the design was defective and that they were negligent.
The company has since decided to stop selling some of the mesh devices after the complaints. Some of the women have argued that they have to be treated for the severe chronic pain that is associated with the device. Another claimed that the pain has had a severely negative impact on her quality of life and ability to work. A patient that experiences life altering effects like this might have a medical malpractice claim. Compensation from the claim would go towards medical bills, lost wages, rehabilitation and pain and suffering.
Not all medical malpractice cases are related to negligence. With the vast amount of new technology coming out in the medical field, there is a chance that something could malfunction. It is important that companies understand the risk associated with devices and inform the patients of any and all risks.
Source: businessweek.com, “J&J Faces First Vaginal Mesh Implant Trial in New Jersey,” David Voreacos and Jef Feeley, Jan. 7, 2013