Science and medical technology have produced some incredible medical devices that are saving and improving the lives of countless Americans. From simple tubing to complex implants, these devices are manufactured and sold as safe and effective tools to help doctors and patients address a wide variety of medical issues.
Unfortunately, some medical devices have been found to cause more harm than good to those who use them.
Medical device manufacturers have a legal obligation to perform extensive testing and research on their products in order to ensure that they are safe. However, some manufacturers take shortcuts to save time and money and get their products on the shelves more quickly.
When this happens, those who use these devices often suffer injuries. If you have been injured by a defective medical device, here are several things you need to do:
1. Preserve the Device
First and foremost, try to preserve the medical device. If it was surgically implanted and then removed, get to the hospital as soon as possible and see that it is kept in a safe place. This may be the most important piece of evidence in your case.
2. Report the Injury to Your Doctor
Report the injury, either to the doctor who is taking care of you or the doctor who implanted the device so that they can provide you with the necessary medical care and, just as importantly, help other patients who may be subject to the same injury in the future.
3. Send a Report to the FDA
If you have access to the FDA’s website, you can report the injury there. Otherwise, contact an experienced defective medical devices attorney for information on how they can help report the injury to the FDA.
4. Get Medical Care
Your health is more important than any lawsuit you may file. So, make sure that you are treated for your injuries and that you follow up with the appropriate treating physicians and get the care you need.
5. File a Case with Your Insurance Provider
Be sure to file all of your medical treatment with your medical insurance provider or Medicare (if you have it). At the end of the day, getting your medical bills paid and receiving the appropriate treatment is the most important thing you need to do.
6. Find Out if the Device Was Pre-approved by the FDA
Devices that have FDA approval or that receive pre-market approval are essentially immune from litigation because they have the government’s stamp of approval and have been through that approval process. However, all other devices are subject to a lawsuit if they prove to be defective.
7. Find Out if There Has Been a Multi-District Litigation (MDL) Formed for the Device
If the device has injured a lot of people, there will usually be some kind of federally mandated forum for claims against the device to be filed. An MDL is a much more efficient way for claimants to pursue lawsuits and will help you save lots of time and money.
8. Contact an Experienced Defective Medical Devices Attorney
Being represented by an experienced defective medical devices attorney can be the difference between winning or losing your case. Most defective medical devices attorneys work on a contingency fee basis, meaning that it will cost you nothing unless they recover compensation on your behalf.
Contact The Hayes Firm: Attorney Finding Service
For assistance with locating a qualified defective medical devices attorney in your area, call The Hayes Firm at 1-800-603-6833, or contact us via our contact form to arrange a no-cost, no-obligation consultation.