Husband sues after wife’s fatal gastrectomy

When a person receives a medically necessary operation from a physician, he or she often trusts that the caregiver is a professional and knows what he or she is doing. Furthermore, a patient must have faith that the medical devices or instruments utilized in a particular surgery are also reliable and secure. Unfortunately, this is not always the case. Sometimes, a surgery muddled with negligence and faulty equipment can lead to further complications.

For example, a man is suing surgical products manufacturer Covidien LP and a physician for the wrongful death of his wife, which purportedly resulted from a faulty medical device and substandard medical care. The plaintiff initiated the suit in March 2014.

According to the plaintiff, two years ago, the wife underwent an open sleeve gastrectomy by the defendant doctor, using a stapling device that was designed and sold by the defendant manufacturer. The husband asserts that just one day after his spouse's surgical operation, the wife's staple line had separated, which allegedly led to the woman's death on April 5, 2012. The man is pursuing damages in this lawsuit.

Products liability, negligence and the medical field

Even in the context of the medical field, a consumer has the right to expect products or devices used in the treatment of medical issues are reasonably safe and not defective. If such items are hazardous or faulty, the consequences of using the defective instrument on a patient could be deadly. In such cases, the manufacturer or treating medical professional could be liable for any resulting damages.

Here, the man is initiating a wrongful death suit for the purported negligent passing of his wife. In other words, as a result of the defective product and/or the physician's potential medical malpractice, the woman was a casualty of the procedure. According to the plaintiff, the staples should have secured the woman's skin; however, the incision was not sufficiently closed due to the faulty device or the physician's negligence.

If you believe that you or a loved one was harmed as a result of a faulty device or careless medical treatment, it may help to speak to a legal professional. As a patient, you have the right to trust both medical professionals and the instruments or devices they use. When health is negligently comprised on the journey to recover from an illness or condition, those responsible should be held liable. Speak with a lawyer to learn more about financial recovery possibilities after product failure or medical negligence.