Defective Medical Devices: What to Do if You’ve Been Injured

Published on September 15, 2022

Visit a licensed healthcare provider if a defective medical device injures you. You will want to visit with a physician different from the individual you believe is responsible for your injuries. If this second opinion confirms that a medical device caused your injuries, get legal advice from a Phoenix, Arizona medical malpractice lawyer about holding a negligent provider accountable for their actions.

In this article, a Phoenix defective medical devices injury lawyer discusses the five steps to take after an injury and where you can turn for legal help if you think you have a viable claim against your medical provider.

Step 1. Visit Your Doctor

Medical device injury victims may hesitate to seek additional medical attention, which is understandable. However, your recovery may depend on medical intervention.

It is possible to determine whether current symptoms are likely caused by specific medications, medical devices, or other causes. Regardless of the outcome, you should seek immediate medical attention and follow through on your doctor’s orders.

Step 2. Preserve Evidence

Save any packaging, informational inserts, and documentation, where possible. Contact the hospital for removal or treatment so that your injuries are documented. This evidence may be necessary for proving a medical malpractice, negligence, or product liability claim.

Step 3. File an Insurance Claim

Ensure that you report any medical procedures, doctor visits, and treatments to your health insurance provider, Medicare, or Medicaid. Follow all procedures, treatments, and medications for the best possible outcome. Avoid issuing formal statements or speculating with insurance adjusters and customer service representatives when filing your claim.

Step 4. Research the Medical Device

In addition to communicating with the physician about any known complications associated with the medical device, review the FDA’s website for potential warnings and recalls. The government may file a lawsuit against the manufacturer if they know about a defective medical device. There may also be an existing class action lawsuit, allowing multiple plaintiffs to pursue legal action against a negligent manufacturer or healthcare provider.

Step 5. Meet with a Medical Malpractice Lawyer

It is challenging to prove that a medical device caused your injuries, so hiring an attorney is critical. They can thoroughly investigate your injuries to determine and establish fault and blame. An attorney can access expert witnesses and testing procedures in more complicated scenarios to prove that a defective medical device injured you or your loved one.

If you have an actionable medical malpractice claim, your lawyer will help you recover costs related to medical bills, lost wages, future losses, mental anguish, lost enjoyment of life, wrongful death awards, and other forms of compensation.

Call Knapp & Roberts for a Free Consultation

The legal team at Knapp & Roberts represents people injured by defective medical devices. Learn more about your options by calling for a Free Consultation at 480.991.7677 or messaging us online. We will not get paid until you win your case.