What to do if a Medical Device You Use Has Been Recalled

There are three reasons why a product may be recalled. These reasons include manufacturing error, failure of the manufacturer to warn consumers about a problem with their product and defective design. A medical device recall is among the most serious among product recalls. A medical device is often extremely critical to a person's ability to function on daily basis. Medical device recalls can result in pain, serious illness and even death. This is especially true if the problem with the device in question is not addressed in a timely manner. In the event that your medical device is subject to an FDA recall, you will want to consult with the following professionals as soon as possible:
  • Your doctor: Because the device you are using will no longer work, your doctor will need to assist you in reviewing alternate options. For some, additional surgery may be needed to replace the defective device.
  • Your health insurance company: It is essential that you discover what is covered and what you will need to pay out of your pocket.
  • Product liability attorney: Consulting an attorney is extremely important as you may have cause to sue the manufacturer of the recalled medical device. This is especially true if you have reason to believe that they were not careful enough when they designed the product.
If you are a victim of a medical device recall, it is in your best interest to avoid signing any authorization form to release your records as manufacturers may exploit such an opportunity to obtain access to your medical records.

Hiring Professional Help

Product liability for medical devices is very complicated field. It is, therefore, imperative that you hire a knowledgeable attorney to represent you in the event that you sustain injury due to a recalled medical device. Your attorney will essentially advise you on whether you should pursue compensation for your injuries. When hiring a product liability attorney, you will want to choose one who is knowledgeable and experienced in the field of product liability law. This area of law is highly nuanced, so you will want to find out if your attorney has had any prior experience handling similar cases involving your recalled product. Contact the law offices of Marc J. Shuman & Associates, LTD. to access more information on recalled medical devices.


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