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Common Mistakes When Injured by a Medical Device


When an individual is injured by a medical device, there are steps they should follow to obtain the best possible legal outcome. Unfortunately, plenty of victims are unsure of what to do after obtaining an injury. This might lead them to make mistakes that hinder the success of their case. Victims are encouraged to consult with an attorney for the best possible legal outcome in their case.

Not Visiting a Doctor

Making a visit to the doctor after obtaining an injury or illness from a defective medical device is a crucial step. Talking to a doctor about an injury or illness helps a victim for multiple reasons, including evaluating injuries and injury documentation. Victims should note that visiting a doctor post-injury should be done in a timely manner.

Visiting a doctor is important, even if the victim does not believe they have a serious injury. Victims might not experience symptoms from an injury until days following an accident. Receiving an evaluation for injuries by a medical professional helps victims receive the treatment they need. An evaluation is not only crucial for a victim’s treatment, but it also helps victims prove they acted toward relieving their injuries. It also helps to tie an injury to a defective medical device injury.

Not Filing a Claim Immediately

To obtain the best possible legal results, victims should take steps to file a claim immediately after an accident. In Pennsylvania, victims only have two years to file for medical liability or personal injury claims. Victims should begin recording their medical bills, vehicular damage, and lost wages immediately. The legal process is often long for personal injury cases. Therefore, victims should allot themselves plenty of time in case they go to trial.

Disposing the Medical Device

When a defective medical device leads to an injury, the victim should not dispose of the defective device. This is an important step, because the device is evidence. The victim’s claim centers around the medical device. For optimal legal results, the victim should keep the device, its packaging, instruction manual, and receipt.

Failing to Return a Device After a Recall is Issued

When a product injures or kills multiple individuals, the manufacturer will likely issue a recall. When a recall is issued, the company offers refunds and settles damage claims. However, if the victim is injured after the recall is issued, it is generally considered their responsibility. Therefore, consumers have a responsibility to stop using the defective product once a recall is issued.

Philadelphia Defective Medical Device Lawyers at Brookman, Rosenberg, Brown & Sandler Advocate for Victims Injured by Medical Devices

If you or a loved one sustained an injury from a defective medical device, you need the services of a Philadelphia defective medical device lawyer at Brookman, Rosenberg, Brown & Sandler. Our lawyers are experienced professionals who successfully help clients throughout the legal process. Contact us online or call us at 215-569-4000 for a free consultation. With an office located in Philadelphia, we proudly serve clients throughout Pennsylvania and New Jersey, including Delaware County, Chester County, and Philadelphia County.