Medical devices are essential tools for many people to manage their health and well-being. However, even the most reliable medical devices can fail or malfunction. If this happens, it is important to know what to do to protect yourself and your health.
Here are some tips for consumers when their medical devices fail or malfunction:
First, stay calm. It is normal to feel scared or anxious, but it is important to think clearly so you can take the necessary steps.
Second, stop using the device immediately. Do not continue to use a device that is not working properly, as this could put you at risk.
Third, contact your doctor or other healthcare professional. They can assess the situation and provide you with the appropriate care.
Fourth, report the failure or malfunction to the manufacturer. This will help them to identify and address any potential problems with the device.
Fifth, keep a record of everything. This includes the date and time of the failure or malfunction, the symptoms you experienced, and any steps you took to resolve the issue. This information can be helpful if you need to file a complaint with the FDA or pursue legal action against the manufacturer.
Finally, some patients may want to consider legal options for addressing injury or harm caused by a device. If you have experienced an adverse event associated with a medical device, you may be eligible for financial compensation. You should consult with a product liability attorney to discuss your legal options.
Here are some additional tips for specific types of medical devices:
If your pacemaker or ICD fails or malfunctions, you may experience symptoms such as dizziness, lightheadedness, fainting, or chest pain. If you experience any of these symptoms, contact your doctor or other healthcare professional immediately.
If your ventilator fails or malfunctions, you may experience difficulty breathing or shortness of breath. If you experience any of these symptoms, contact your doctor or other healthcare professional immediately.
If your implantable mesh device fails or malfunctions, you may experience symptoms such as pain, infection, and erosion through tissue. If you experience any of these symptoms, contact your doctor or other healthcare professional immediately.
If your breast implant fails or malfunctions, you may experience symptoms such as rupture, capsular contracture, and breast implant-associated anaplastic large cell lymphoma (BIA-ALCL). If you experience any of these symptoms, contact your doctor or other healthcare professional immediately.
When to Consider Legal Options
A consumer may consider litigation in relation to the failure or malfunction of their medical device when the following factors are present:
- The device failure or malfunction caused serious harm to the consumer, such as physical injury, emotional distress, or loss of income.
- The consumer can prove that the device manufacturer was negligent or reckless in the design, manufacture, or marketing of the device.
- The consumer has a strong case, with evidence to support their claims.
- The consumer is willing to go through the time and expense of a lawsuit.
Here are some examples of situations where a consumer might want to consider litigation:
- A pacemaker malfunctions, causing the consumer to suffer a heart attack.
- A breast implant ruptures, causing the consumer to develop cancer.
- A mesh implant erodes through tissue, causing the consumer to suffer pain and infection.
- A defective hip implant causes the consumer to experience premature wear and tear, requiring revision surgery.
- A medication pump malfunctions, causing the consumer to receive an overdose of medication.
If you are considering litigation in relation to the failure or malfunction of a medical device, it is important to speak with an experienced attorney. An attorney can assess your case and advise you on the best course of action.
It is also important to note that there are time limits for filing lawsuits, so it is important to act promptly if you are considering litigation.
It is important to remember that you are not alone if your medical device fails or malfunctions. There are resources available to help you protect yourself and your health. By following the tips above, you can minimize the risk of serious injury and ensure that you get the care you need.