Gibbs & Sellers



Call To Arrange A Free Consultation

What happens if a medical device is defective?

On Behalf of | Mar 28, 2019 | Personal Injury

When a medical device is defective, it can cause significant harm to victims and their families, which is why they should be familiar with what happens and what they can do when they have been harmed by a medical device. The Food and Drug Administration is responsible for recalling defective medical devices.

Medical devices are divided into 3 different classes. The Food and Drug Administration issues a recall when it becomes aware that a medical device presents a danger to patient health. The steps that are taken include instances when the FDA recalls a defective medical device, working with the manufacturer of the device to ensure the defective medical device is taken off the market. There are different levels of response that the FDA may take concerning a defective medical device depending on the situation and circumstances and level of seriousness.

If the problem with the defective medical device is more serious, it may be recalled by the FDA from retail locations, homes and even when the device is implanted in the body of a patient which can create particular challenges for victims. When a patient learns they have a defective medical device, they should contact their doctor and insurance carrier; however, they should also understand the personal injury legal options available to them.

Personal injury legal options can help victims of defective medical devices receive compensation for the physical, financial and emotional harm suffered as a result of the defective medical device. It can help them with medical expenses, lost earnings while they are unable to work and pain and suffering damages associated with the defective medical device. It is important that patients with medical devices are protected and kept safe and personal injury legal resources help to do that.