In healthcare, medical devices are crucial to the treatment of disease, sustenance of life, and improvement of patient outcomes. From pacemakers and insulin pumps to implantable surgical devices and ventilators, these devices are designed to protect and preserve life. But when they do fail—because of faulty design, production, or misuse—the results can be deadly.
If your loved one died in Miami as a result of a faulty medical device, an experienced Miami wrongful death attorney can help you pursue your rights and recover compensation for your family’s pain.
The Growing Problem of Medical Device Failures
The medical device sector is expanding at an exponential rate, with more advanced technologies coming into play at an unprecedented frequency. As the devices themselves are made more sophisticated, so is the risk of failure. According to the FDA in the United States, thousands of medical devices are recalled every year, and hundreds are Class I—the highest category, stating use of the device has the potential to lead to serious injury or death.
Miami’s extensive network of hospitals and surgical facilities relies heavily on advanced medical technologies. While these tools are essential when functioning properly, device failures in high-volume healthcare environments can have devastating consequences for local families.
Common Medical Devices Involved in Wrongful Death Claims
Some medical devices are more frequently associated with fatal consequences when they malfunction. Understanding which ones carry the highest risks can help identify liability in a wrongful death claim.
- Implantable cardiac devices, such as pacemakers and defibrillators, are designed to regulate heart rhythms. When these devices fail—due to depleted batteries, electrical malfunctions, or software issues—they can trigger fatal heart complications.
- Surgical implants, including hip replacements, spinal rods, and knee implants, may fracture, shift, or lead to severe infections. These complications can result in sepsis, embolisms, or systemic failure.
- Insulin pumps and glucose monitors are vital for diabetes management. If they deliver inaccurate doses or fail to issue alerts, they can cause life-threatening hypoglycemia or hyperglycemia.
- Ventilators and breathing machines, critical for patients with respiratory conditions, can malfunction and cause oxygen deprivation, brain injury, or death.
- Infusion pumps deliver medications in precise amounts. A malfunction may cause overdosing or underdosing, both of which carry fatal risks.
- Dialysis machines, used in treating kidney failure, can cause serious harm if they introduce air embolisms, improperly filter blood, or create dangerous fluid imbalances.
- Surgical robots and automated tools, commonly used in Miami’s advanced facilities, may malfunction during procedures, resulting in internal bleeding, organ damage, or infections.
Each of these devices can be life-saving or life-threatening. Identifying how and why a failure occurred is essential to pursuing justice in a wrongful death claim.
Legal Grounds for a Wrongful Death Claim in Florida
Wrongful death claims involving failed medical devices may fall under several legal categories. Understanding these can help families build a strong case.
Product liability applies when a manufacturer’s negligence leads to a defective or unsafe device. This may involve:
- A flawed design that makes the product inherently dangerous
- Manufacturing errors that deviate from intended specifications
- Inadequate warnings or instructions that fail to inform of known risks
Medical malpractice may be a factor if a doctor or surgeon:
- Chooses an unsuitable device
- Implants or uses it improperly
- Fails to monitor for complications
- Ignores recall notices or clear signs of malfunction
Hospital or facility negligence can also be involved, especially when:
- Equipment is poorly maintained
- Staff is not adequately trained
- Recalled or expired devices are still in use
In fast-paced medical environments, even small lapses can lead to tragic outcomes. An experienced wrongful death lawyer in Miami can help determine which parties may be held accountable.
Legal Challenges Specific to Florida
Wrongful death claims in Florida come with unique legal challenges that must be navigated carefully.
The statute of limitations gives families two years to file a wrongful death lawsuit. In cases involving medical devices, this timeline may depend on when the defect or failure was discovered or reasonably should have been discovered.
For claims involving medical malpractice, Florida law requires a pre-suit investigation and formal notification to all potential defendants.
Determining liability is further complicated by the presence of multiple responsible parties. Florida follows a comparative fault model, meaning damages can be divided based on the percentage of fault assigned to each party—be it the manufacturer, the doctor, or the hospital.
Additionally, federal preemption may come into play. If the medical device was approved through the FDA’s rigorous pre-market process, the manufacturer may claim immunity from state law claims. These defenses are complex and require attorneys experienced in federal product liability issues.
Critical Evidence in Device-Related Wrongful Death Cases
Building a strong case hinges on securing and presenting compelling evidence. Key forms of evidence include:
- The device itself, preserved for forensic analysis to determine whether a design flaw or defect contributed to the failure
- Medical records detailing how the device was used, monitored, and what complications occurred
- FDA safety reports, including recalls and adverse event data that highlight known risks
- Expert testimony from medical professionals and engineers who can explain how the failure led to the patient’s death
- Manufacturer records, which may show internal knowledge of device defects or poor safety practices
Time is critical. Devices may be discarded, records lost, or memories fade.
How a Miami Wrongful Death Lawyer Can Help
At Dolan Dobrinsky Rosenblum Bluestein, LLP, our Miami wrongful death attorneys are committed to guiding families through these difficult cases with care and legal precision.
We begin with a thorough investigation, working alongside medical and engineering experts to uncover how the device failed and who is responsible.
This may include damages for:
- Medical care before death
- Funeral and burial costs
- Lost financial support or services
- Loss of companionship
- Mental anguish
- Punitive damages in cases of gross negligence
Seek Legal Help Before It’s Too Late
If a medical device failure caused the death of a loved one, don’t wait. Prompt legal action helps preserve evidence, meet deadlines, and begin the process of securing justice and financial recovery.
At Dolan Dobrinsky Rosenblum Bluestein, LLP, we are proud to represent families across Miami and Florida in these complex, high-stakes cases. Call us today at § for a free, confidential consultation.