While it is extremely difficult to give a definitive answer with so little detail, if the appliance that the doctor used failed, and the doctor placed it correctly, and there were no other factors causing it to fail, then it seems the manufacturer might be liable, and it would be a product liability case. If the doctor put it in wrong, or if he did something that caused it to fail, or if he used a product that was widely known to be faulty, it may be a medical malpractice situation. But as you can tell, there are a large number of factors that have to be considered before you can decide who, if anyone, might be at fault. You should consult an attorney quickly, as the statute of limitations is a factor to consider as well.
Answered on Dec 31st, 2013 at 10:15 AM