I Received a Notice that My Medical Implant May Be Defective. What Should I Do?

When you undergo a surgical procedure to receive a medical implant, the last thing you expect is for your medical implant to do more harm than good. Unfortunately, this is a very real concern. Far too often, medical device manufacturers prioritize profits over patients’ safety and release devices before they have a clear, comprehensive understanding of the risks they pose. As a result, if you find yourself in need of an experienced defective medical device attorney, you are not alone.

Often, a patient’s first warning of a possible medical device defect comes in the form of symptoms caused by a device-related complication. But other patients may receive a written notice before they experience symptoms. If you received a notice that your medical implant may be defective, what should you do?

What To Do if You Have Concerns About a Defective Medical Implant

In all situations, patients with concerns about potential medical device defects should prioritize their health and legal rights. While patients’ individual circumstances will vary from case to case, the steps patients can take to protect themselves generally include:

1. Seek Personalized Medical Advice Promptly

All patients who have concerns about their medical implants should seek personalized medical advice promptly. Patients should not rely solely on manufacturers’ written notices and recommendations. Even in this scenario, medical device manufacturers still put their interests first, meaning their primary goal is to avoid potential liability.

After reviewing your medical history and conducting appropriate tests, your doctor should be able to tell you if you are at risk or if you may be at risk in the future. While revision surgery will be necessary in some cases, in others, the risks of revision surgery could outweigh its potential benefits. With that said, it is important to keep in mind that damage from a defective medical implant may not be immediately noticeable. As a result, even if you feel fine at the moment, you should not assume that your medical implant is safe and functioning as intended.

2. Learn More About the Defect and Its Potential Effects

Regardless of what your doctor recommends, you should seek to learn more about the defect and its potential effects. Again, you should not rely solely on the manufacturer. If your medical device has been recalled, you may be able to find information about the recall on the U.S. Food and Drug Administration (FDA) website. The FDA maintains both a running list and a searchable database of medical device recalls with information including:

• Recall class (Class I, Class II, or Class III)
• Recall date
• Reason for recall
• Specific model and lot number recalled
• Recommendations for patients and healthcare providers

If your doctor does not recommend revision surgery or any other form of medical intervention at the present time, it will be important to ensure that you are aware of the potential effects of your medical implant’s defect. Depending on the nature of the implant and the defect, these effects could range from mobility issues and other joint issues to migration, infections, and other complications.

3. Monitor for Symptoms

Whether you have been scheduled for revision surgery or your doctor has determined that a wait-and-see approach is warranted for the time being, you should continue to monitor for symptoms. If your condition changes, you should consult with your doctor right away. In some cases, the effects of medical device defects may appear days or weeks after implantation. In others, patients may not experience effects for years or decades. Knowing the potential warning signs of complications from your medical implant will be important for making informed decisions about your medical needs when necessary.

4. Make Informed Decisions About Your Medical Needs

When it comes to making informed decisions about your medical needs, it is important to rely on your doctor’s advice here as well. As we mentioned above, it is important to consult with your doctor as soon as you have concerns. Even if you have spoken with your doctor about your medical implant in the past, new symptoms or changes in your overall health condition could be signs of a new or developing issue that requires prompt medical intervention.

5. Consult with an Experienced Defective Medical Device Attorney

In addition to consulting your doctor, we recommend consulting an experienced attorney specializing in defective medical device cases. If you are dealing with the consequences of receiving a defective medical implant, you almost certainly are not alone. Tens, hundreds, or even thousands of other patients may be facing similar health risks and may already be taking legal action.

If you have a claim related to your defective implant, you may be entitled to significant financial compensation. Patients who have claims related to defective medical devices can seek compensation for their:

• Medical costs (including the costs of revision surgery and postoperative care if necessary)
• Other financial losses (including out-of-pocket expenses and lost earnings)
• Physical pain and suffering caused by their medical implant
• Emotional distress resulting from having a defective implant in their body
• Loss of enjoyment of life and other non-financial losses

When multiple patients have claims related to a defective medical implant, they can often pursue their claims together in mass tort litigation. This helps streamline the process and can also create additional pressure on medical device manufacturers to consider a fair settlement. If you have questions about seeking financial compensation, scheduling a free consultation with an experienced defective medical device attorney is the first step.

Request a Free, No-Obligation Consultation with a Defective Medical Device Attorney at Searcy Denney

Do you have questions about your legal rights related to a defective medical implant? If so, we strongly encourage you to get in touch. To request a free, no-obligation consultation with an experienced defective medical device attorney at Searcy Denney, please call 800-780-8607 or contact us online today.