Medical Devices & Lawsuits

Personal injury can cover a wide array of topics to include medical devices. How sure are you of your rights and responsibilities regarding medical devices? Is a bandage considered a medical device? It is. By understanding this area of personal injury, you will be better informed about when you can seek compensation—should you ever suffer due to one. 

A Real Concern  

Many people are quick to think that medical devices only pertain to better-known things like pacemakers. While a pacemaker is a medical device, there are over 6000 companies that make medical devices. 

Product recalls occur when either the manufacturer or even a product consumer learns that it—or a part of it—poses a health or safety risk. You see this happen with cars, food, and products used by young children. 

These recalls do happen with medical devices as well. There are three levels of severity: classes I, II, and III. The higher the risk, the higher the rank. Although the Food & Drug Administration (FDA) is responsible for approving these devices, there are ways to quicken the review process. 

For instance, there is the 510(k) review process. If the FDA determines that the medical device is comparable or equivalent to an already existing product already in use, the review process is shortened. 

Why Lawsuits Occur

In many cases, the victim suffers a second injury due to the medical device. This could come in the form of additional pain, infection, or even death. 

Patients endure these and other harmful or adverse side effects of medical devices. When this happens, it can have a significant impact on their lives. In addition to physical pain, there are additional medical bills, time spent away from your family and work, lost wages—and even the possibility of long-term or permanent injury. 

What To Do

The most important aspect is your health and safety. If you suspect you may have an issue with a medical device, contact your doctor. When able, you can also report your problem to the FDA. 

Though your doctor will be in the best position to help you physically, an attorney who works with medical device and implant litigation will fight for you financially. Your legal counsel could be responsible for things such as researching the product, demonstrating its negative impact on you, whether it was compliant with federal regulations, and even how the device was marketed. 

Were there any warnings that addressed that came with the medical device? Namely, one that could have prevented what happened to you? Your attorney will put your case together and work towards helping you with compensatory and punitive damages.

Silberstein & Miklos

If you have any additional questions regarding your personal injury, contact Silberstein & Miklos for a free consultation. We can cases that other firms shy away from—and win. Let our experience and relentless perseverance go to work for you.