Legal Resources
It is not legal advice, and reading this page does not create an attorney-client relationship with The Implant Experience or anyone else.
We are an independent patient-safety platform. We do not recommend specific law firms, receive referral fees, or share your information with attorneys. Our goal is simply to help you understand the general legal landscape so you can make your own informed decisions.
Finding a Lawyer
If you believe you may have been harmed by a medical device, many people begin by speaking with an attorney who focuses on medical device or product liability cases.
Your state or local bar association can usually provide lawyer referral services, and many attorneys offer free initial consultations.
Remember, you are never obligated to hire the first lawyer you speak with.
Understanding Contingency Fees
Many medical device cases are handled on a contingency fee basis.
This generally means the attorney is paid only if you recover compensation. Before signing any agreement, ask the attorney to explain:
- How their fee is calculated.
- Whether you may owe any expenses if the case is unsuccessful.
- That all fee arrangements are provided to you in writing.
Why Timing Matters
Every state has legal deadlines, known as statutes of limitations, that determine how long you have to file a claim.
These deadlines vary by state and can be especially complicated in medical device cases where injuries may not appear until years after implantation.
If you believe you may have a claim, consider seeking legal advice as soon as possible to understand any applicable deadlines.
Questions to Ask an Attorney
When speaking with a lawyer, you may want to ask questions such as:
- Do you regularly handle medical device or product liability cases?
- Have you handled cases involving my device or a similar device?
- How does your fee arrangement work?
- What costs could I be responsible for if we don't win?
- What is the filing deadline in my state?
- What does the legal process usually look like?
- How long might my case take?
Reporting a Device Problem
Reporting a medical device issue is separate from pursuing a legal claim.
Whether or not you decide to consult an attorney, you can report device problems directly to the U.S. Food and Drug Administration (FDA) through the MedWatch reporting program.
Reporting helps identify safety trends and does not require hiring a lawyer.
Report a Medical Device Problem Through FDA MedWatch
Questions?
If you have questions about this page, please contact us at support@theimplantexperience.com .