Defective Medical Device FAQs

If a medical device that you are using has been recalled or is defective, you should take the following steps:

1. Stop using the device immediately. If the device has been recalled or is defective, it can pose a risk to your health. Stop using it as soon as possible.
2. Contact your doctor. If you have any symptoms or concerns, contact your doctor for medical advice. Your doctor can also help you determine if you need to undergo any medical tests.
3. Report the device. Report the device to the manufacturer, the Food and Drug Administration (FDA), and/or your healthcare provider.
4. Keep records. Keep all records and documentation related to the device and your injury, including medical records, bills, and correspondence with the manufacturer.
5. Consult with an attorney. If you have been injured as a result of the defective device, consider seeking the advice of a personal injury attorney. An attorney can help you determine your rights and take appropriate legal action.

Taking prompt action after a medical device recall or defect can help protect your health and ensure that you receive the compensation you deserve.

The liable party for injuries caused by a defective medical device depends on the specific circumstances of the case. In some cases, the manufacturer of the device may be liable if they fail to properly design, manufacture, or warn of potential risks associated with the device. If the device was defectively designed, the designer may also be liable. If the device was altered after it left the manufacturer and the alteration led to the injury, the party who altered may be liable. In some cases, the doctor who implanted the device or the hospital where the procedure was performed may also bear some responsibility, if they failed to properly advise the patient or properly monitor the device after implantation.

It is important to note that every case is different and liability for injuries caused by a defective medical device can be complex. An experienced personal injury attorney can help you determine who is liable and take appropriate legal action.

You may have a claim against your doctor for prescribing a defective medical device if they failed to properly advise you of the risks associated with the device, failed to monitor the device after implantation, or were otherwise negligent in their care.

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care and this failure results in harm to the patient. In the case of a defective medical device, the doctor must advise the patient of the risks associated with the device and to monitor the device after implantation. If the doctor failed to do so and this failure resulted in injury to the patient, the doctor may be liable for medical malpractice.

It is important to keep in mind that medical malpractice cases can be complex and require a thorough understanding of the medical and legal issues involved. An experienced defective medical device attorney can help you determine if you have a claim against your doctor and take appropriate legal action.