The electronic pacemaker is merely a pulse generator which yields short pulses periodically and makes initiatives as well as control of the heartbeat. This is a temporary heart pacing which is necessary for the use on patients who are in unstable conditions. It is an essential device which can save lives concerning emergency and therefore the manufacturers need to be very careful when designing and coming up with it. Many have used this device to make their health better, but they have in some cases suffered injuries, and this forms the basis for their liability claims.
Below are some factors which triggered the liability claims and the possible ways in which they can be handled. There is the strict liability on the use of Artificial Cardiac Pacemaker, but no severe follow-ups are in place to check how it is used (Ahmed). The defect was also a basis of the claim in the design of this product and no structured warnings on the use of the same. During the manufacture of this product and even sales, there is a need for legal consultation so that the users are aware of the legal framework within which they are operating.
There is a need to warn the users by the use of design warning labels as well as instructions and post-sale follow through to determine and handle the hazard and recall reviews. Documents and records for properly manufactured devices are necessary as much as instructions on litigation. There are also complaints about negligence and Punitive damages (Devi). The victims should be able to prove all these liability claims because it is upon such proofs that they can be refunded in the form of punitive damages. The potential defenders in such cases are a manufacturer, testing laboratory a medical sales representative and the Doctor.
Ahmed, F. “Chapter-12 Artificial Cardiac Pacemaker�Its Structure, Implantation and Working.” Cardiac Functioning, Disorders, Challenges and Therapies, 2013, pp. 245-260, doi:10.5005/jp/books/11836_12.
Devi, V. J. “Artificial cardiac pacemaker.” 2017 Third International Conference on Science Technology Engineering & Management (ICONSTEM), 2017, doi:10.1109/iconstem.2017.8261320.