Medical device/implant failure is within the scope of product liability. The manufacturer, physician and hospital may be jointly and severally liable.
Typical Errors
- Knee/hip prosthesis fracture
- Pacemaker malfunction
- Stent migration
- Implant allergy
- Wrong size/model
- Sterilization violation
Manufacturer Liability
- Product liability (TKHK art.4, TBK art.65)
- Strict liability
- Manufacturing error
- Design error
- Lack of information
Physician's Responsibility
- Choosing the right device
- Informing the patient (alternatives)
- Surgery technical
- Follow-up controls
Hospital Responsibility
- Sterilization
- Device supply
- Storage of the document (device serial number, warranty)
Ministry of Health Registry
- Medical device registry
- Recall decisions
- Side effect notifications (TÜFAM)
Supreme Court 13. HD and 11. HD
13. HD adopts that "manufacturer, physician and hospital are jointly responsible" for medical device/implant defects and that the patient has the right to request each of them. href="/contact">Health law/malpractice lawyer recommended.