Defective medical device? You can get help

When you need to have a medical device installed somewhere inside your body, the last thing you want is for that device to break or become defective. For example, can you imagine what it would be like if a titanium hip joint suddenly got stuck and stopped rotating? It could completely disable the patient. It may also require an additional surgery to repair the damage.

Unfortunately, medical product and device defects are not as uncommon as they should be. There are many patients who have implants and other medical devices stop working or become defective over time. These patients have to go through much trouble to resolve the situation, just as you may have to do.

What should you do if a medical device is defective?

The major concern with any kind of defective medical device is that you could be badly injured. If the device affects your health in some way, like by delivering medication or keeping your heart in rhythm, then you should go to the hospital or seek advice from your doctor immediately.

If you are injured by a defective medical device, then you are in a different position. After receiving treatment, you may want to pursue a legal case against the medical device's manufacturing company or others who were involved in its installation.

Keep in mind that one of the major issues with these lawsuits is the risk of running out of time due to the statute of limitations. Your attorney will be able to talk to you about your particular situation and if you will be able to file a claim.

Another issue you may have is deciding if this is a product liability case or a medical malpractice case. This is another situation where there is a fine line between each type of case, particularly when there is a medical device involved in the dispute. This is a time where speaking with your attorney will help you clear up the gray area between the types of cases and create a straight path toward the resolution to your problem.

No one wants medical devices to be defective or to cause harm to others, but if you do suffer injuries as a result of these devices being implanted incorrectly, having defective parts or other issues, it's important to speak out. When you are put through pain and suffering or have your life put at risk, it is acceptable for you to look into your legal options and to pursue any route that brings you fair compensation.

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  • United States District Court | District Of Arizona
  • Maricopa Country Bar Association
  • State Bar Of Arizona
  • United States Court Of Appeals | Ninth Circuit

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