When a device designed to improve your health ends up causing harm, it can feel like a shocking betrayal. Navigating the aftermath of an injury from a defective medical device is complex and overwhelming. But you’re not powerless. There are things you can do.
There are several paths you can take to seek justice and compensation for your suffering. From getting immediate medical help to considering legal settlements, this guide will walk you through the practical steps you should consider if you find yourself in this unfortunate situation.
5 Options You Have if You Were Injured by a Medical Device
If you’ve suffered an injury due to a malfunctioning medical device, it’s crucial to know your options. Here are five possible paths to consider for recourse and potential compensation.
1. Seek Medical Attention Immediately
When a medical device harms you, the priority is to look after your health. Don’t wait or brush off any pain or unusual symptoms; head straight to the doctor or emergency room. You need to describe exactly what happened and the device that caused it so you can get the best help.
While this step does ensure that you get the right treatment swiftly, it also starts a paper trail of your injuries—crucial if legal action pops up later. Medical records play a key role in proving your case, so this initial visit might be more significant than you initially realize.
2. Consult With a Product Liability Attorney
When you’re harmed by a faulty medical device, reaching out to a product liability attorney is key. These legal experts specialize in cases like yours and bring insight into avenues for compensation. Plus, they can provide updates on ongoing litigations that may affect your case.
For example, the new dispute in the Bard implanted port litigation addresses the full scope of the multidistrict litigation (MDL), whereas the previous one didn’t. An attorney’s knowledge becomes indispensable here because they’ll help decipher complex legalese and strategize the best approach tailored to your situation—providing clarity and support during your time in need.
3. Report the Injury to the FDA
Letting the Food and Drug Administration (FDA) know about your injury is a critical step. By reporting, you’re not only documenting official evidence for your own situation but also alerting authorities about potential risks with the medical device. This can save other people.
The FDA takes these reports seriously as they monitor product safety on a large scale. Submitting your experience can be done through their MedWatch program online or by mail. Doing so could trigger further investigation and eventually lead to safer regulations.
4. Participate in a Class Action Lawsuit
Joining a class-action lawsuit might be an option if others have been injured similarly by the same medical device. By banding together, you and other plaintiffs can share the legal burden, including costs and resources, making it easier to stand up against large manufacturers.
A successful class-action suit not only brings compensation to those harmed but often also pushes companies to implement safety measures. Check with your attorney if there’s an ongoing lawsuit you can join; this collective approach might lead to a more substantial impact.
5. Consider Settlement Options
When dealing with injuries from a medical device, you might be offered a settlement by the manufacturer or its insurance company. This is essentially a deal to compensate you without going through court. Review the terms carefully with your attorney to ensure it meets your needs. Keep in mind that you don’t have to accept the settlement if you don’t want to.
While accepting a settlement can provide quicker financial relief and avoid a lengthy trial process, it also means giving up your right to pursue further legal action related to the injury later on. Choose wisely after considering all aspects of your case.
In Conclusion…
Your well-being is paramount, and you deserve support after being injured by a medical device. Don’t let uncertainty deter you from taking action. Reach out for medical care, engage with legal experts, and utilize the resources at your disposal to ensure your voice is heard. With the right guidance and determination, you can navigate this journey toward healing and justice.
