Each year, the FDA receives over two million medical device reports of suspected device-associated deaths, serious injuries, and malfunctions. More than 1.7 million patient injuries and 83,000 deaths have been linked to defective medical equipment over a 10-year span.
When a medical device is implanted or used to treat a medical condition, patients expect it to improve their health and well-being. Unfortunately, in some cases, these devices may malfunction or cause unintended harm, resulting in serious injuries or even death.
An Orange County defective medical device attorney says that if you or a loved one has been injured by a defective medical device, it’s important to take immediate action to protect your rights and seek compensation for your damages.
This article will demonstrate the value of hiring a lawyer to advise you on the best course of action if you are injured as a result of a defective medical device.
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Recognize the Symptoms and Seek Medical Attention
If you experience discomfort from a given medical device, don’t hesitate to seek the necessary medical help as soon as possible.
If pain, swelling, discomfort, and other symptoms occur after using a medical device, it could indicate the device can cause potentially life-threatening problems. Record any signs of change, like breathing difficulties, infection symptoms, a high fever, or some redness in your skin.
Having professional advice will help secure your health through prompt care and advice. Prioritizing your health is important if you want to guarantee a timely recovery.
Document Your Injury and the Device
To claim injury from a faulty medical appliance, you need to record evidence and document that your injury is linked to the faulty medical device.
Keep an accurate record of your pain and suffering, treatment, and any medical appointments related to the injury. Include important information such as appointment dates, diagnoses, and the names of each healthcare provider.
Take pictures of your visible injuries to show their extent. Have a journal that details your daily ordeal and how the injury is interfering with your life. Document the device’s name, model, and quantity. Check if it displays any warnings or instructions about its use.
Keep copies of any receipts and all paperwork dealing with the injury. Prepare these documents and show them to an attorney during a consultation.
Report the Incident to the Manufacturer and Regulatory Authorities
Contact the device’s manufacturer and the relevant regulatory authorities to inform them about the incident.
Make a direct call to the manufacturer, detailing all the issues the device has caused you. Your report could allow the manufacturer to make improvements on the device, preventing the same adverse incident from happening in the future.
You should file a report with the Food and Drug Administration (FDA) so that they can closely monitor the safety and performance of medical devices. Your report could result in a product recall and the issuance of a public warning.
Keep a few copies of your correspondence and report. These documents can be used if you decide to pursue legal action and also warn the public against harmful devices.
Consult With a Qualified Medical Device Injury Lawyer
If you have sustained injuries due to a faulty device, it’s necessary that you consult a competent medical device injury attorney.
These legal professionals clearly understand the special complications of medical device injury cases. Their legal support is invaluable for the success of your case. They will assess your situation and use the evidence you have collected to create a winning strategy for you.
Lawyers can help remind you of important deadlines and guide you through the legal process.
An attorney is ready to represent you, defend your rights, and negotiate with manufacturers, insurance companies, and the courts. The legal process aims to help you recover while the lawyer protects your interests.
Look for a competent and professional attorney to be your primary partner in dealing with faulty medical device cases.
Understand Your Legal Options and Potential Compensation
A skilled lawyer will explain your legal rights and what types of compensation you can claim if a defective medical device injures you. Compensation could include the costs of medical bills, wage losses, pain, or any other type of damages that can be reported.
Manufacturers, distributors, and even healthcare providers may all be held liable in a defective medical device case. A seasoned attorney could simplify complex legal jargon and determine the likelihood of a viable claim against the accountable manufacturers.
