How Long Do I Have to File a Lawsuit Against a Medical Device Manufacturer?


If you have been injured by a defective medical device, you are likely looking to take legal action regarding your damages. To learn the time period you will have to file a lawsuit against a medical device manufacturer, continue reading. Give our experienced defective medical device attorney a call to learn how we can assist you in filing a successful claim in Texas.

What is the statute of limitations for defective medical device claims in Texas?

The statute of limitations refers to the amount of time you will have to take legal action after being injured by a defective medical device. The statute of limitations for defective medical device claims is typically two years in Texas. This means that you will have two years from the date of your injury to bring attention to your claim. It is important that you file your claim within this time period to avoid being permanently barred from suing. The sooner you bring attention to your claim, the better. To recover financial compensation for your damages, retain the services of an experienced defective medical device attorney as soon as possible. Our experienced legal team will walk you through the claims process ahead. Give our firm a call today to begin this process.

What do I have to prove in a defective medical device claim?

Defective device claims fall under product liability which is centered around a legal concept of negligence. To prove this negligence, a plaintiff must prove the following factors:

  • The defective device caused your injury,
  • The medical device had a defective design, was marketed in a way that misled you in what the device should be used for, or was defective because of manufacturing,
  • Or the defect or improper marketing caused your injury

What are the most common consequences of a defective medical device?

There is a wide range of consequences that may come from defective medical devices. Some of the most common damages from defective devices include a range of financial, physical, and emotional burdens that could have been avoided if the device in question was working properly. One of the most common consequences of a defective medical device is individuals undergoing additional surgeries to have the device removed when it is determined that a device has had adverse or negative effects. Other common effects of defective devices include the following:

  • Injury
  • Infection
  • Incorrect diagnoses
  • Incorrect dosage
  • Death

If you have been recently injured due to a defective medical device, you may be eligible to recover financial compensation. To learn more about filing a valid claim, give our experienced defective medical device attorney a call today.


Brock & Goetzmann has significant experience representing victims of defective medical devices in the Dallas-Fort Worth area.  If you have been impacted in any way by a defective medical device, preserve the evidence and call us to investigate. Give our experienced Texas firm a call today to schedule your initial consultation.

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