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A story of hospital and doctor negligence

If a doctor or hospital is specifically warned against the use of a particular product by a federal agency, professionals should follow such advice. Unfortunately, some medical hospitals do not listen. When this happens, care providers subject themselves to medical liabilities.

For example, there was one lawsuit where a man alleged that the use of a Medtronic Infuse bone graft device and a lack of sufficient medical caused him to experience permanent injuries after a surgery.

The man had spinal fusion surgery in 2010. During the surgery, the doctor used Medtronic's Infuse bone graft. It was supposed to create bone growth in the spine and help the fusion of the vertebrae. However, in 2008, doctors had been advised not to use the specific bone graft in that particular type of surgery, after several reports of deaths and complications.

The lawsuit included charges of negligence against his doctor and the medical center where the surgery was conducted. The plaintiff claimed that the staff failed to follow the sufficient standards of medical care. In the lawsuit, the man sought compensatory damages, punitive damages and legal fees.

In this case, the plaintiff pointed to the professionals' disregard of the medical warnings against the use of the bone graft. Despite the 2008 warning from the FDA, the doctor nevertheless utilized the medical device – two years later.

This story is a reminder to those that have been victimized. If you believe that you have been a victim of medical negligence, you may be entitled to recovery. Similar to the aforementioned case, you may be able to receive damages related to the incident. To learn more, you can speak with a medical malpractice attorney in your area.

Source: AboutLawsuits.com, "Lawsuit Alleges Product Liability and Medical Malpractice Claims," Irvin Jackson, Dec 7, 2012

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