What to Know About Filing a Defective Medical Device Claim


You may be seeking financial compensation if you have been injured by a defective medical device. Continue reading to learn the steps to follow to file a successful defective medical device claim.

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

There are a variety of different consequences that can come from a defective medical device including emotional, physical, and financial burdens. Some of the most common consequences of a defective device include the following:

  • Infection
  • Incorrect dosage
  • Incorrect diagnosis
  • Additional surgery to have the device removed
  • Death

What steps should I take after I have been injured by a defective medical device?

If you have sustained injuries from a defective medical device, it is important that you take the following steps to increase your chances of filing a successful claim:

  1. The first step you should take is to seek medical treatment immediately after sustaining injuries from a defective medical device. Medical evaluation should not be delayed.
  2. After your treatment is complete, it is important that you retain the medical records.
  3. Obtain evidence to prove that your injuries are directly related to the defective medical device.
  4. Photograph the device and the scene of your accident.
  5. Document your injuries with photos and a log of your recovery. This should include detailed notes regarding your emotions, the pain level you are in, how your injuries impact your daily activities, and any psychological effects.
  6. Store the device in a place where it cannot be tampered with.
  7. Collect the documentation regarding the purchase of the product.
  8. If the device was prescribed to you, gather any documentation relating to this prescription.
  9. Stay off social media.
  10. Reach out to an experienced Texas defective medical device attorney for assistance filing your claim.

What is the statute of limitations for filing a defective medical device claim in Texas?

To file a valid defective medical device claim in Texas, you must follow the statute of limitations. The statute of limitations for filing a defective medical device claim is generally two years in Texas. This means that you will have two years from the date of your injuries to file your claim. Failure to file your claim within two years may result in you being permanently time-barred from taking legal action. The sooner you are able to bring attention to your claim, the better. Retain the services of our experienced defective medical device attorney today to begin this process as soon as possible. Our attorney is prepared to fight for your right to compensation.


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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