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Multiple surgeries can be part of a device injury claim, but needing extra surgery does not by itself prove a device was defective. A claim depends on whether the device had a recognized defect that caused the injury and the treatment that followed.
A patient may undergo an initial implantation, develop a complication, and later need a revision, removal, or another surgery.
These events often create a documented progression to later treatment.
Records from each procedure show what a surgeon observed at the time, and that documentation matters later.
Original implantation, diagnosis of a complication, revision or removal, and continuing treatment together form a timeline for the claim.
An implant can require revision for reasons that have nothing to do with a design or manufacturing problem. The following causes appear often in medical records.
Because of this, the reason for the failure has to be established through the medical record and often through analysis of the device. The FDA notes not every removal counts as a device failure.
Multiple procedures can document the extent of an injury when records consistently connect the surgeries to a specific complication. The device's manufacturer, model, lot number, and dates of implantation and removal, along with any applicable recall, can also support a claim.
How many surgeries a patient had isn't the deciding factor legally. Someone with three surgeries doesn't necessarily have a stronger case than someone with one, because the connection between the device, the defect, and the injury still has to be established.
Our office reviews your surgical history, implant records, and any applicable recall to determine what caused your complications. Attorney Sean M. Cleary works to connect your treatment history to the underlying medical device problem. Contact our office today for a free case evaluation.