The 3-D printing involves building solid, three-dimensional objects based
off of digital models. The process comprises of successive layers of material
assembled on top of one another to develop the requested device. But as
3D-printed devices are being used in the medical industry, it will present
substantial liability issues for those injured by these devices.
Liability of Doctors & Hospitals Printing 3D Medical Devices
As of today, applying product liability principals to hospitals and doctors
printing their own custom 3D medical devices will prove difficult to do.
According to strict liability law, any person who suffers an injury caused
by a defective product can hold the manufacturers and sellers responsible
as long as they engaged in the business of selling the product. But who
is the manufacturer of a product made from a 3D printer, and can it be
a physician or hospital?
Currently, doctors and hospitals
cannot be held strictly liable as suppliers of medical products and devices.
They should be considered as “consumers” or “users”
of a product.
The following are two ways to pursue a lawsuit against hospitals or doctors
who print defective 3D medical products:
Medical malpractice claims – If a hospital or doctor recommends or supervises the use of a
defective 3D product, patients who suffer injuries because of a healthcare
provider’s advice may file a medical malpractice suit. Other situations
eligible for medical malpractice include improper use of the 3D printing
device or failure to inform risks associated with the device.
Negligence – Injuries caused by defective devices printed by hospitals and physicians
are also subject to simple negligent cause of action. Patients need to
present evidence to prove breach of duty, causation, and the damages which
followed. Negligence is much more difficult to prove compared to strict
If you suffered an injury due to the defective medical device in Florida,
contact David C. Rash P.A. and schedule a