Injured By A Medical Device: What To Do Next

When you undergo a medical procedure or receive an implant, you do so with the hope of a better quality of life. Whether it’s a hip replacement designed to restore mobility or a pacemaker intended to keep your heart steady, we place immense trust in medical technology.

Unfortunately, that trust is sometimes broken. When a medical device fails, the consequences aren’t just frustrating; they can be life-altering. If you find yourself suffering because of a faulty implant or piece of equipment, you likely have many questions about your health and your legal rights.

At Lowenthal & Abrams, P.C, our medical malpractice lawyers have been helping Philadelphia families navigate these complex situations since 1975. This blog walks you through exactly what to do next to protect your health and your future.

Why Do Medical Device Injuries Occur?

It is easy to assume that if a device is on the market, it must be safe. However, the path from manufacturing to the operating room is often fraught with shortcuts. Understanding the “why” behind your injury is the first step in holding the right parties accountable.

Design Defects

Sometimes, the very blueprint of the device is flawed. Even if it is manufactured perfectly, the design itself makes it inherently dangerous for patients. A common example is certain metal-on-metal hip implants that were later found to cause heavy metal poisoning in the bloodstream.

Manufacturing Errors

In these cases, the design is safe, but something went wrong during the assembly or shipping process. This could involve the use of low-quality materials, contamination in a sterile facility, or a mechanical error during production.

Failure to Warn (Marketing Defects)

Manufacturers have a legal obligation to inform doctors and patients of known risks. If a company knows a device has a high failure rate but hides that information to protect their profits, they can be held liable for “failure to warn.”

According to the FDA’s Medical Device Recall database, thousands of medical device products are flagged each year due to safety concerns, ranging from minor labeling errors to life-threatening mechanical failures. This highlights just how common these issues are in the modern healthcare system.

What Are the Common Signs of a Defective Medical Device?

Detecting a device failure isn’t always as obvious as a sudden break. Often, the symptoms are gradual.

If you have a medical implant or use a regular medical device, watch for these “red flag” indicators:

• Unexplained Pain: New or worsening pain at the site of the device or implant.
• Inflammation and Swelling: Persistent redness or swelling that doesn’t resolve with standard care.
• Loss of Function: If a joint replacement starts “clicking,” or if a device like an insulin pump provides inconsistent readings.
• Systemic Symptoms: Fevers, rashes, or neurological changes that could indicate the body is rejecting the device or that materials are leaking into your system.
• Device Recalls: Keep a close eye on news regarding your specific device. Many patients only realize they are at risk after receiving a recall notice in the mail.

What Should You Do Immediately After an Injury?

If you suspect your medical device is causing harm, the steps you take in the first few days and weeks are critical. Follow this list to ensure you are protected:

1. Prioritize Your Medical Care

Your health is the absolute priority. If you feel something is wrong, contact your doctor immediately. Do not attempt to “wait it out.” If the situation is an emergency, go to the nearest hospital. Ensure that your healthcare provider documents your symptoms thoroughly in your medical record.

2. Do Not Throw Anything Away

If your injury involved a removable device like a glucose monitor, keep the device, the packaging, and any instructions. If a device is surgically removed, you have the right to request that the hospital preserve the hardware. This device is the most important piece of evidence in a defective medical device lawsuit.

3. Start a Paper Trail

Create a dedicated folder for your case. Include:

• Receipts for medical copays and prescriptions.
• A journal detailing your daily pain levels and how the injury affects your work and family life.
• Dates of appointments and the names of the doctors you saw.

4. Be Careful with Insurance Adjusters

The manufacturer’s insurance company may contact you. They may seem friendly, but their goal is to settle the claim for as little as possible. Avoid giving recorded statements or signing any “medical release” forms until you have sought legal advice.

How Can a Medical Malpractice Lawyer Help?

Medical device cases are complex because they involve both product liability and medical negligence. Success often depends on understanding how these two areas overlap.

This is where Lowenthal & Abrams, P.C. can help. Our team includes a medical doctor and a nurse, allowing us to review records quickly and identify whether an injury was caused by the device itself or by errors during implantation.

Our Philadelphia medical malpractice lawyer can also:

• Gather and organize medical records and evidence
• Work with qualified medical and technical experts
• Evaluate whether safety warnings or standards were ignored
• Handle communication with insurers and manufacturers
• Build a strong claim for compensation

If your injury resulted from a doctor’s mistake or hospital negligence, having experienced legal guidance can help you understand your options and protect your rights.

How Do You Prove a Medical Device Claim?

Proving a medical device was defective requires a preponderance of the evidence, the legal standard that the device is more likely than not to have caused the harm.

The legal process typically focuses on three main pillars to build a strong case:

• Professional Testimony: This involves coordinating with bioengineers and medical professionals to explain exactly how the device failed and why it was dangerous. These insights provide the technical clarity needed to show a jury or insurance company where the product fell short of safety standards.
• Causation: It is necessary to establish a direct link proving that the defective device was the primary source of the injury, rather than a result of an underlying health condition or a different medical event.
• Damages: A successful claim identifies and calculates the total impact on a victim’s life. This includes tangible losses like lost wages and future medical costs, as well as intangible losses such as physical and emotional pain and suffering.

What Compensation Can You Recover?

A successful claim can provide the financial stability you need to focus on healing.

Depending on the specifics of your medical device claim, you may be eligible for:

1. Medical Expenses: Coverage for past surgeries, future corrective procedures, and rehabilitation.
2. Lost Income: Compensation for the time you missed at work, as well as loss of future earning capacity if you can no longer perform your job.
3. Pain and Suffering: Compensation for the physical pain and emotional distress caused by the failure and the subsequent recovery process.
4. Punitive Damages: In rare cases where a manufacturer acted with extreme negligence or malice, the court may award additional funds to punish the company.

Get Help After a Medical Device Injury

A defective medical device can leave you dealing with pain, uncertainty, and unexpected medical costs. You should not have to manage those challenges on your own, especially if the injury could have been prevented.

If you or a loved one has been harmed by a faulty medical device, contact Lowenthal & Abrams, P.C., today to discuss your situation and learn what options may be available to you.