What to Do when Injured by a Defective Medical Product

We’ve all heard of cases where medical professionals have committed malpractice of some kind. Maybe a doctor failed or misdiagnosed a patient, or perhaps an obstetrician made a devastating error causing a newborn to be injured during childbirth, for example.

What is not as commonly known are the injuries and illness that occur due to defective medical products. We spoke to a Chicago medical malpractice lawyer to learn more about what the process would be for filing a lawsuit for a defective medical product so you can be better prepared, should it ever happen to you. 

What makes defective medical product cases so challenging is that it could be years before you even know you suffered an injury because of a medical product. Maybe you started to feel really sick or have sharp pains in your back 5-10 years after you had a specific surgery, for instance. 

Once you become aware of the fact you were injured by a defective medical product, you will need to reach out to an attorney. If years have passed since the device was initially placed in your body, you may need to be wary of the state’s statute of limitations. If the statute of limitations has passed, you may not be able to pursue a claim. 

Fortunately, in many states, the statute of limitations will begin from the day that you discover the product was defective. From there, your attorney will need to take a closer look at your medical records to determine what may have gone wrong, and file a claim with the insurance company.

Hopefully, the insurance company will be willing to settle your claim fairly, but if they aren’t, the next step will be for your lawyer to prepare to present your case in court. The goal will be to obtain full compensation for the losses you endured. This could be financial compensation for the medical expenses you incurred, your physical pain and suffering, your lost quality of life, and several other types of losses. 

The worst thing you can do is settle your claim for less than it is worth. Defective medical products can have a catastrophic impact on your life for years to come, so you will want to do everything in your power to hold your physician, the manufacturer of the device, and any other liable parties accountable to the fullest extent of the law.