You rely on a medical device to help manage your health, so an unexpected injury can leave you wondering what went wrong. If the device has not been recalled, you may also question whether you have any legal options. Understanding what a recall means and what else can matter in a product liability claim can help you decide what steps to take next.
A recall does not decide your claim
A medical device recall means a manufacturer or the FDA has identified a problem that may require action. That action may involve repairing, replacing, adjusting or removing the device.
However, the absence of a recall does not automatically mean the device cannot have a defect or that you cannot pursue a product liability claim. Texas law allows claims involving harm caused by defective products.
Gather evidence about the device and your injury
If you believe a medical device caused your injury, keep records that can help show what happened. Useful information may include:
- The device’s name, model, lot or serial number, if available.
- Your medical records and information about the treatment you received.
- Details about the problem, malfunction or injury you experienced.
- Any reports or complaints you made to your doctor, hospital, manufacturer or the FDA.
- Photos, documents or other records that show the device’s condition or the harm you experienced.
The FDA encourages patients and health care professionals to report serious medical-device problems and product-quality issues.
Texas Law sets deadlines for product liability claims
If you believe a medical device caused your injury, you should pay attention to Texas’s filing deadlines. Texas generally gives you two years to file a personal injury claim, including most product liability claims, after the cause of action accrues. The law also recognizes other rules that can affect when a claim begins and how long you have to act.
Because these deadlines can depend on the facts of your case, you should check the applicable Texas law before assuming you still have time to file.
Your rights after a device injury
A medical device injury can leave you facing pain, added expenses and uncertainty. Keep your medical and product records, check safety information and seek legal guidance to understand your options and important deadlines.
