Medical devices are designed to improve quality of life, restore mobility, or assist in treating chronic conditions. But when an implant fails—whether due to a manufacturing defect, poor design, or a lack of proper testing—the consequences can be serious. From physical harm to emotional stress and financial strain, the impact on a patient’s life is significant.
Many people aren’t sure where to begin when something goes wrong. Below, our colleagues at Marsh | Rickard | Bryan, LLC discuss the ramifications of failed implants and the legal steps individuals may consider taking. If you’re asking legal questions about a faulty device, you’re not alone—and getting answers is the first step toward making informed decisions.
Is My Implant Considered Defective?
A medical implant may be considered defective if it causes harm due to poor design, manufacturing errors, or failure to warn patients about risks. For example, implants that break, shift, or degrade faster than promised may lead to serious complications. These complications could lead to a faulty medical implant lawsuit, especially if the device didn’t perform as intended or came with hidden risks.
Who Can Be Held Responsible?
Responsibility in implant failure cases may lie with different parties. Manufacturers are often at the center of a dangerous medical device claim, but designers, distributors, or even surgeons could play a role depending on the facts of the case. A malfunctioning medical product lawyer will review the chain of production, marketing, and medical application to determine where accountability may rest.
It’s not always about one person or one company—sometimes multiple contributors must be evaluated to understand how the failure happened and whether legal action is justified.
What Should I Do If My Implant Is Failing?
If you suspect something is wrong with your implant, seek medical attention immediately. After your health is addressed, begin gathering documentation: medical records, receipts, prescriptions, and any communication with healthcare providers or the device manufacturer.
It’s also important to keep the device or any parts removed during revision surgery. These can serve as evidence if you pursue a claim. A medical device injury attorney will help you organize and assess this material to determine the strength of your case.
How Long Do I Have To File A Claim?
Time limits vary by state, but most product-related injuries are subject to statutes of limitations. In some places, the countdown begins when the injury occurs; in others, it may start when you discover the connection between the implant and your symptoms.
Waiting too long can limit your options. If you’re uncertain about your timeline, it’s worth seeking legal help sooner rather than later. A qualified attorney can review your case details and offer the legal guidance needed to make the next move confidently.
What Compensation Might Be Available?
Each case is different, but compensation may cover medical expenses, revision surgeries, lost income, and pain and suffering. These are not guaranteed, but they can be discussed during a legal review. Your personal story—how the implant has affected your daily life—often plays a role in the outcome of your case.
Taking The Next Step
Dealing with a failed medical implant can be overwhelming. You might feel uncertain about what to do next, or who to trust. But you don’t have to go through it alone. A defective medical device lawyer can help you sort through the facts, answer your legal questions, and determine if pursuing a case makes sense for you. With the right legal guidance, you can move forward with greater clarity and support.