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Medical device recalls: are you at risk?

Undergoing surgery for the implantation of a medical device is frightening, no matter how much the doctors and surgeons have assured that you will be safe. Coming through surgery with no harmful side effects or additional damage is a relief, but those feelings of worry and concern can come back if you learn that the device implanted in your body is under recall.

Receiving notice of a medical device recall is enough to raise concerns over the likelihood that you may experience a serious medical episode. You want this issue resolved effectively and fast, but where should you turn? By seeking the guidance of an Ohio attorney experienced in medical malpractice and medical device recalls, you can know your options and have a better chance of securing the recovery you deserve.

What happens next?

If your medical device is under recall, the company that manufactured the product must decide if a correction or a complete overhaul is necessary. In some cases, a simple correction is all that is necessary to fix the problem, but for more serious cases, the device has to be taken out completely. Either of these scenarios involves anesthesia, possible surgery, doctor visits and recovery time.

When unexpected failure, unforeseen side effects or other risks are made known to manufacturers, doctors must contact patients who have the defective device and discuss the risk of either leaving it in, repairing it or removing it from the patient's body completely. The doctor must decide if any of the following steps are necessary:

  • Inspection of the device
  • Additional surgery
  • Replacement of the device
  • Adjusting the settings on the device
  • Monitoring patient for health issues

A medical device recall can be overwhelming for a patient, but with help, you can protect your rights and seek recovery for any additional medical costs and undue pain and suffering you will endure.

Who is liable for your pain and suffering?

Not every medical device recall is grounds for a civil claim, but it is possible that you have a valid claim to compensation. If your doctor knew about the recall before your surgery, did not inform you of the risks or did not inform you of the recall in a timely manner, you may have a case. A thorough evaluation of your situation will determine if your care provider or the manufacturer is liable for the additional procedures, pain and recovery time you had to endure.

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