What should I do if I’ve been injured by a medical device?

Do You Know What to Do After Being Injured by a Defective Medical Product?Many of the actions that you take after suffering a defective medical device injury can impact your potential recovery. Some of the actions may help your recovery while other actions may hurt your recovery. You need to know about both the actions that can help you and the actions that can hurt you so that you can make sure your rights and potential financial damages are protected.

Four Things You Should Do If You Suffer a Defective Medical Device Injury

As soon as you notice a symptom, side effect, or medical condition that could be related to your medical device it is important to take action. Your actions may include:

  • Seeing a doctor as soon as possible. The primary purpose of seeing a doctor whom you trust is to get an accurate diagnosis and to begin medical treatment. However, seeing a doctor may also have a significant impact on your potential recovery because it will document your injury and your attempts to recover from your injury.
  • Documenting your symptoms and how they impact your life. Right now you might think that you will remember every bit of pain and every way in which your injury impacts your everyday life. However, as time goes on, the details may become fuzzy. Accordingly, it is important to keep a journal or calendar that documents how you are feeling and how your injury impacted your daily activities.
  • Doing a little research. A simple internet search with the name of your medical device and the word injury may reveal whether or not other people are suffering similar injuries because of the same device and whether a mass tort action has been filed.
  • Contacting a medical device injury lawyer. An attorney can review your claim with you and advise you of all of your legal options so that you can make an informed decision about protecting your rights.

These actions can help you better understand what happened to you, manage your medical condition, and protect your financial recovery.

Four Things You Should Not Do If You Suffer a Defective Medical Device Injury

The actions that you don’t take are just as important as the actions that you take. Accordingly, it is important that you do not:

  • Try to treat your symptoms yourself. This can interfere with both your physical recovery and your legal recovery. You may end up making your injury worse or failing to make it better. Likewise, you may complicate issues of liability if you do make your physical condition worse by failing to get medical care.
  • Negotiate directly with the pharmaceutical company or its lawyers. The pharmaceutical companies do not want to accept liability nor do they want to pay you for your injuries. Accordingly, they may try to deny or minimize your claim to protect themselves. Anything that you say to the pharmaceutical company may be misconstrued and may make your fair recovery more difficult.
  • Post on social media. Anything that you put on social media may also be misunderstood and used against you when you pursue a recovery. For example, if you post a picture of yourself at a party, then it may be interpreted to mean that you are not as hurt as you claim.
  • Wait too long to do anything. You only have a set amount of time to pursue a legal claim. If you file a lawsuit after the statute of limitation expires then you should expect the pharmaceutical company to file a motion to dismiss the lawsuit.

Any of these mistakes could interfere with the recovery that you deserve.

Let a Defective Medical Device Injury Lawyer Advise You on Your Next Steps

You shouldn’t have to guess about what to do, or not to do, after you suffer an injury. The potential consequences of your actions are complicated, and the potential impacts of your actions are serious.

Our experienced medical device injury lawyers can advise you every step of the way. We can weigh the pros and cons of each action you might take with you and provide you with valuable advice about protecting your rights after a defective medical device injury. To learn more about whether you may have a claim, please contact us today for a free, no-obligation consultation.

 

John L. Keefe
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Founding Attorney of Keefe Disability Law