Can I Sue if I Need Revision Surgery Related to a Defective Medical Device?

If you need revision surgery related to a defective medical device, you may be entitled to financial compensation. In this scenario, seeking the compensation you deserve will involve filing a lawsuit against the manufacturer. An experienced defective medical device attorney will be able to assess your legal rights and take appropriate legal action on your behalf.

Defective medical devices can pose a variety of risks for patients. Malfunctions, migration and degradation inside of the body are all potential concerns—and they can all result in the need for revision surgery.

If you need revision surgery to remove a defective medical device, you may be entitled to just compensation.

Medical device manufacturers have a legal duty to ensure that their products are safe for their intended use. If a medical device is not safe for its intended use—and if patients suffer losses as a result—this can provide clear grounds for affected patients to take legal action. Hiring an experienced defective medical device attorney is the first step, and you can get started with a free, no-obligation consultation.

What Documentation Do I Need to Sue the Manufacturer?

Suing for losses related to a defective medical device requires several forms of documentation. This is one of several reasons why it is important to work with an experienced defective medical device attorney throughout the process. Once you hire an attorney to represent you, your attorney will be able to assist with gathering all of the documentation you need to assert your legal rights effectively.

Some examples of the types of documentation that will be needed to pursue your case include:

• Documentation of your implant procedure
• Documentation of the risks or complications related to your implant
• Documentation of your revision surgery and postoperative care
• Documentation of your medical bills, out-of-pocket costs, lost wages and other financial losses
• Documentation of your pain, suffering, emotional trauma and loss of enjoyment of life

Filing a claim will also require evidence that your implant was defective. Obtaining this evidence often involves requesting internal records from the manufacturer during the litigation process. Once a lawsuit has been filed, medical device manufacturers are required to disclose relevant records upon request, and this can play a key role in settlement negotiations in many cases.

What Financial Compensation am I Entitled to Receive?

If you need revision surgery related to a defective medical device, the compensation you are entitled to receive depends on your individual circumstances. While punitive damages are available in some cases, filing a lawsuit generally involves seeking just compensation for your personal losses. Your attorney will also be able to assess the value of your claim, which will include determining how much you are entitled to receive for your present and future losses.

While every case is unique, compensation awards in defective medical device cases can be substantial. Patients who are forced to undergo revision surgery will often incur substantial medical bills, and their ordeals can negatively impact all aspects of their lives. If you have a claim, it will be critical to ensure that you are seeking the full compensation you deserve.

What Can I Expect During the Process?

One of the most important things to know about filing a defective medical device lawsuit is that the process takes time. But, if you have a claim, going through the process could be well worth it in the end. While defective medical device cases can proceed in various ways, key steps in the process generally include:

• Assessing your legal rights and gathering the documentation needed to pursue your claim
• Filing your lawsuit against the device’s manufacturer and going through the early stages of the litigation process
• Engaging in settlement negotiations and making informed decisions about when (and if) to settle
• Continuing to pursue your case in court if it doesn’t settle, including preparing your case for trial
• Presenting your case at trial if the manufacturer isn’t willing to settle for just compensation

If other patients have similar claims, you may be eligible to join a mass tort lawsuit. In mass tort lawsuits, patients pursue their claims together, and this can place increased financial pressure on the manufacturer to consider a fair settlement.

FAQs: Seeking Compensation for the Consequences of Receiving a Defective Medical Device

What should I do if I received a defective medical implant?

If you received a defective medical implant, you should consult with your doctor to determine if revision surgery is warranted. You should also consult with an attorney to find out if you have grounds to seek financial compensation from the device’s manufacturer.

What if my doctor makes a mistake during my revision surgery?

Unfortunately, this is a very real concern. While it is important to undergo revision surgery if you need it to remove a defective medical device, you should do your best to choose your surgeon wisely. In the event that your surgeon makes a mistake, you should also consult with an attorney about filing a claim for medical malpractice.

Is it free to hire a defective medical device attorney?

Hiring a defective medical device attorney costs nothing out-of-pocket. If your case is successful, your attorney’s fees will be deducted from your settlement or verdict. Otherwise, you owe nothing for your legal representation.

How the Team at Searcy Law Can Help

At Searcy Law, our attorneys have decades of experience holding medical device manufacturers accountable for selling dangerous and defective implants. If you have questions about your legal rights, we can explain everything you need to know. We can determine if filing a lawsuit is warranted—and, if it is, we can use our experience to fight for the full compensation you deserve.

Schedule a Free Consultation with a Defective Medical Device Attorney

To learn more about your legal rights, schedule a free consultation with a defective medical device attorney at Searcy Law today. Call 800-780-8607 or contact us confidentially online to start the process.