Lawsuit Filed Against Medical Center Alleges Diagnostic Test Resulted In Brain Bleed
The family of a journalist has filed a lawsuit against a medical center after a botched diagnostic procedure resulted in a brain bleed. The lawsuit is complicated by the fact that it involves allegations that the catheter used in the procedure broke off and was lost.
The doctor was performing a cerebral angiography which involves injecting a contrast dye into blood vessels near the brain. The test can be used to find aneurysms and blocked blood vessels. In this case, the catheter broke off causing a massive hemorrhage in the plaintiff’s brain ultimately resulting in his death.
The lawsuit alleges that the doctors were negligent in the administration of the catheter. Indeed, catheters should not break off while patients are receiving injections. But is the doctor at fault for the broken catheter? It’s not clear at this point, but it’s likely the doctor doesn’t think so.
Medical malpractice versus medical device failure
People may ask, what’s the difference between a medical malpractice lawsuit and a medical device lawsuit? Under the law, the difference is monumental. Medical malpractice lawsuits generally have a lot of red tape that plaintiffs are supposed to navigate prior to their lawsuit being authorized for filing. Medical device lawsuits, on the other hand, have very little red tape, are much easier to file, and you don’t have to prove negligence.
So, who is at fault? The doctor or the medical device company?
All we know is that the doctor attempted to administer a test and the catheter broke off. In this case, medical device lawsuits against companies that manufacture catheters are incredibly common. Less common are lawsuits against doctors who injure patients during routine tests, although it does occur. The doctor has every right to claim that the medical device company is primarily responsible for this injury, and not him. With no other information, it remains the more likely of the two.
Lawsuits against catheter manufacturers are incredibly common with allegations accusing the companies of producing catheters that break off in the body, the same allegations filed against the doctor. The doctor, in a case like this, could have done everything correctly and the defective catheter could have still killed the patient.
The lawsuit will likely name both the doctor and the catheter company. The plaintiff can let both parties prove their cases for them, and then use their arguments against one another to leverage a settlement from both.
Talk to a Miami Personal Injury Lawyer Today
The office of Alan Goldfarb, P.A. can help you resolve a medical device or medical malpractice lawsuit. Call our Miami personal injury lawyers today to schedule a free consultation and learn more about how we can help.