What Should I Do If My Medical Device Has Failed in NYC?
If your medical device failed in NYC, get medical attention immediately, document your complications with photos and records, keep all device information, including model and serial numbers, and contact a defective medical device lawyer. Don’t wait, evidence disappears quickly, and New York gives you only three years to file a lawsuit. Stop using the device if possible, save any removed components, and avoid signing anything from the manufacturer without legal advice.
Contact us for a free consultation. We’ll review your medical records, research your device, and explain your legal options. You pay nothing unless we recover compensation for you.
Your next steps depend on whether you’re experiencing a medical emergency or complications that need prompt evaluation. Document everything now, even if you’re unsure whether the device caused your problems.
Should I See a Doctor Immediately After My Medical Device Fails?
Yes, see a doctor immediately if you suspect device failure. Device complications can cause life-threatening problems that worsen without treatment.
Go to the emergency room or call 911 if you experience severe pain, signs of infection like fever or redness, sudden swelling, difficulty breathing, chest pain, neurological symptoms like numbness or weakness, or bleeding. Don’t assume complications will resolve on their own—failed devices often require emergency removal surgery or aggressive treatment to prevent permanent damage.
Even if symptoms seem minor, schedule an appointment with your surgeon or a specialist within days. Tell your doctor you suspect device failure so they can order appropriate imaging, blood tests, or diagnostics to assess damage. NYC hospitals including Bellevue, NewYork-Presbyterian, and Mount Sinai treat device complications regularly and can evaluate whether your device has failed.
What Medical Device Information Should I Collect After a Failure?
Collect your device’s manufacturer name, model number, serial number, and lot number from surgical records, discharge papers, or the implant card you received after surgery. This information identifies your exact device and whether it’s part of a defective batch or recall.
Request complete medical records from every provider involved in your care, including operative reports, pathology reports if the device was removed, imaging results, and all clinical notes. You’re entitled to copies under HIPAA. These records prove which device was implanted, when complications began, and how doctors treated your condition.
Take photos of visible complications like protruding mesh, skin changes, swelling, or wounds. Photograph all documentation, including device cards, medical bills, and prescriptions. Date all photos for your records.
Should I Keep My Medical Device If It’s Surgically Removed?
Yes, absolutely keep the device if it’s surgically removed. Tell your surgeon before revision surgery that you want the explanted device returned for potential legal claims and sign any necessary forms.
Hospitals sometimes discard removed devices, destroying critical evidence. The explanted device can be analyzed by engineering experts to prove manufacturing defects, material degradation, or design flaws. Store it safely in a clean, dry container without cleaning or tampering with it—corrosion, tissue, and degradation serve as evidence.
If the device hasn’t been removed but is still in place, save all imaging showing the failure, like broken screws, migrated components, or degraded materials. This documentation is equally important for proving defects.
How Do I Check If My Failed Medical Device Has Been Recalled?
Search the FDA’s MAUDE database at accessdata.fda.gov for adverse event reports about your specific device model. This public database contains reports from doctors, patients, and manufacturers about device problems. Hundreds or thousands of similar reports suggest systemic defects affecting many patients.
Check if the FDA issued recalls or safety communications by visiting fda.gov and searching for your device manufacturer and model. Recalls prove that the manufacturer acknowledged problems, though they often come years after thousands of patients have already been harmed.
Google your device name plus “lawsuit,” “recall,” or “complications” to find news articles, patient forums, and information about multidistrict litigation. If federal courts consolidated thousands of similar cases into an MDL involving your device, it indicates widespread problems and ongoing litigation you may be able to join.
Should I Sign Documents From the Medical Device Manufacturer?
No, don’t sign settlement agreements, releases, or any paperwork from manufacturers without consulting an attorney first. Device companies sometimes contact patients directly after complications, offering money in exchange for releasing all legal claims.
These agreements often provide inadequate compensation—maybe $5,000 or $10,000—in exchange for giving up your right to sue for complications that may require multiple revision surgeries costing hundreds of thousands. You can’t undo these releases once signed.
Don’t give statements to manufacturer representatives who call or visit. They’re gathering information to defend against your potential claim, not to help you. If the manufacturer offers to pay medical bills, consult an attorney before accepting, as such payments can create obligations that harm your case.
When Should I Contact a Lawyer About My Failed Medical Device?
Contact a product liability attorney immediately, ideally within days or weeks of discovering device failure. Don’t wait months—evidence disappears, witnesses forget details, and surveillance footage gets deleted.
Medical device cases require specialized knowledge that most personal injury attorneys don’t have. Look for lawyers experienced in defective medical device litigation who understand MDL procedures and work with engineering experts. Most offer free consultations and work on a contingency basis, meaning you pay nothing unless they recover compensation.
Bring all documentation to your consultation, including medical records, device information, photos of complications, and any correspondence with manufacturers or insurers. An attorney can immediately preserve evidence by sending legal notices to hospitals and manufacturers requiring them to save relevant records and devices.
How Long Do I Have to Sue for a Defective Medical Device in NYC?
You have three years from the date you discovered, or should have discovered, the device defect to file a lawsuit in New York. For some patients, this starts when complications appear. For others, the clock starts when you learned the device caused your problems.
Don’t rely on the three-year limit as a cushion. Start early to preserve evidence and build the strongest case. Many device cases take 3-5 years to resolve through multidistrict litigation, so filing promptly protects your rights while the investigation proceeds.
If your device is part of an MDL, special deadlines may apply for joining consolidated proceedings. Missing these deadlines can exclude you from settlement programs negotiated for all plaintiffs, potentially leaving you with nothing while thousands of other patients receive compensation.
What Should I Avoid After Discovering My Medical Device Failed?
Don’t post about your device failure, complications, medical treatment, or potential lawsuit on Facebook, Instagram, Twitter, or other social media platforms. Defense attorneys search social media for evidence to use against you. A photo of you smiling can be used to misrepresent that you’re not really injured.
Continue following all medical advice—don’t stop treatment or skip appointments because you’re upset about the device. Failing to treat complications allows insurers to argue you didn’t take injuries seriously or that your inaction worsened outcomes. Keep all appointments, take prescribed medications, and follow recommendations for revision surgery.
Don’t discuss your case details with anyone except your attorney. Conversations with friends, family, or coworkers aren’t protected by attorney-client privilege and could be discovered during litigation.
Get Legal Help for Your Failed Medical Device
Device failures cause serious complications requiring multiple surgeries, creating chronic pain, and sometimes resulting in permanent disability. Roth & Khalife, LLP represents NYC patients harmed by defective medical devices, including hip replacements, hernia mesh, IUDs, pacemakers, and spinal hardware.
Contact us for a free consultation. We’ll review your medical records, research your device, and explain your legal options. You pay nothing unless we recover compensation for you.