Today’s healthcare industry hosts a swath of medical devices created to treat various medical conditions. Unfortunately, not all of these devices are made with equal care. An ineffective medical device can seriously harm someone’s well-being, often worsening the problem it was supposed to fix.
At what point can you take legal action if a medical device causes you chronic pain or other devastating health conditions? When you meet with a personal injury lawyer for a free case consultation, you can discuss your specific right to legal action and what your efforts in civil court might net you. At Hollis Law Firm, our attorney is here to fight for your rights as you recover from your injuries and other losses.Â
Classifying Medical Devices
As of 2025, the U.S. Food and Drug Administration established a series of classes it could use to classify the nature of common medical devices. These classes include the following:
- Class 1 devices, which include low-risk items like non-electric wheelchairs and walking aids, as well as bandages
- Class 2 devices, which include slightly higher risk devices, like infusion pumps and wheelchairs that require power to operate
- Class 3 devices, including invasive devices often designed to prolong a person’s life, like pacemakers
Unfortunately, devices in each of these classes can be affected by various defects, including design defects, manufacturing defects, and marketing defects.Â
Breaking Down Common Device Defects
When looking for medical device defects, it’s important to know the differences between the most common problems that can go wrong with today’s healthcare aids.
Design Defect
A design defect originates in the base plans for a device’s creation. It does not matter if the device is manufactured according to plan. If the original design fails to account for the realities of the human body, wears out too quickly, or actively endangers the user’s health, it’s fundamentally flawed from conception.
Manufacturing Defect
Manufacturing defects arise during the production process itself. For example, employees in a manufacturing plant may use incorrect materials to produce a replacement hip joint, making it harder for a user to live a pain-free life after installation. These errors occur despite a sound design, resulting from problems in execution.
Marketing Defect
Marketing defects occur when companies fail to properly inform consumers about a medical device before it enters the market. Companies are legally obligated to appropriately label products and provide clear warnings about potential risks, ensuring users can make informed decisions about their health.
An experienced medical device defect attorney can break down the type of defect that most likely played a role in your experience with a specific device. This investigation can make it easier for an attorney to identify the party that you have the right to hold financially accountable for your losses.
When Can You Pursue Legal Action for Chronic Pain
Before you can take a medical manufacturer, developer, or advertiser to court for damages, you need to gather enough evidence to prove you suffered mistreatment at these parties’ hands. You may specifically have the right to pursue legal action against these parties if you can bring forward enough data to prove:
- Negligence in one of the forms above, be it knowing negligence or an accidental breach of warrant
- Fraud or misrepresentation of a product’s functionality
- Strict liability
It’s easiest to make these points when you have an attorney on your side. An attorney can work with investigators to gather the medical records, bystander statements, and electronic data needed to make your case. In the meantime, you can prioritize the medical attention you need to alleviate your chronic pain and restore your lost quality of life.
How to Pursue Compensation for Chronic Pain
If you want to pursue legal action after developing chronic pain due to a medical device defect, it’s in your best interest to take the following steps:
- Seek out a third-party opinion about your pain and confirm that a defective device is to blame for your discomfort.
- Preserve evidence relevant to your original treatment and pursuit of a third-party opinion.
- Document your experience with the medical assistance, possibly with help from a patient advocate.
- Ask an attorney to step in and manage your communications with relevant medical providers and insurance companies.
- Report the dangers of a defective product to the FDA courtesy of the MedWatch program.
You do not have to go up against medical device developers, manufacturers, and/or advertisers on your own, especially if you’re not in the process of recovering from a faulty treatment or device installation. Your first consultation with a medical malpractice attorney comes free of charge and gives you the opportunity to explore your legal rights in full.
You Can Contact a Defective Medical Device Attorney for Legal Support
Living with chronic pain can significantly impact your daily life and well-being. At Hollis Law Firm, we understand the overwhelming challenges you’re facing and take your suffering seriously. With 15 years of experience representing personal injury victims, our attorney has the knowledge to help gather essential evidence, identify liable parties, accurately assess the compensation you may deserve, and provide dedicated representation throughout your case.
Don’t continue to struggle with pain and financial burdens alone. Our attorney is committed to fighting for our clients’ rights while providing compassionate support during this difficult time. We offer free consultations to discuss your situation and explore your legal options without any obligation. Take the first step toward possible recovery by calling (800) 701-3672 or completing our contact form today.
