If you have had problems with an Exactech ankle, knee, hip or shoulder implant, you are not alone. At the request of the U.S. Food and Drug Administration (FDA), Exactech has recalled hundreds of thousands of defective ankle, knee, hip and shoulder implant devices over the past few years. While some patients have been able to have their defective Exactech implants replaced before they experienced serious complications, for many, the Exactech recalls sadly came too late.
But, regardless of whether a patient experiences serious complications from a defective Exactech device, the costs (and risks) of revision surgery can be significant. To make matters worse for many patients, medical malpractice during revision surgery is a very real concern as well. If you have been affected by the Exactech recall in any way, it is important to make sure you know your legal rights—as you may be entitled to full compensation for your medical bills, pain and suffering, and other losses.
7 Important Steps to Take if You Received a Defective Exactech Implant
Learning about your legal rights is just one of several steps you should take if you received a defective Exactech implant. If you find yourself in this situation, here are seven steps you should try to take as soon as possible:
1. Learn About the Issues with Your Exactech Implant Device
One of the first things you should do is learn about the issues with your Exactech implant device. Exactech’s ankle, knee, hip and shoulder implants suffered from multiple issues, and understanding these issues—and their legal implications—will help you make informed decisions about your medical care and your legal rights. For an overview of the issues related to your specific type of Exactech implant, you can read:
2. Make Sure You Get the Medical Care You Need
Whether you are just starting to have concerns about your Exactech implant or you have already undergone revision surgery, it is important to make sure you get the medical care you need. The issues with Exactech’s implants can lead to various complications, and addressing these complications promptly can help to mitigate the risk of long-term effects in some cases.
3. Start Collecting Your Medical Records
If you think you may have a claim for an Exactech medical device defect, now is a good time to start collecting your medical records. This includes your records from when your device was implanted as well as your records from any follow-up visits—including any visits related to revision surgery. Your scans, patient records, bills and payment receipts will all be relevant to your claim if you are entitled to financial compensation from Exactech.
4. Keep Track of Your Other Out-of-Pocket Expenses
Along with collecting your medical records (to the extent that you can), you should start documenting your other out-of-pocket expenses. This includes everything from the cost of driving (or getting driven) to the hospital to your prescriptions and medical supplies. If you have a claim against Exactech for a defective ankle, knee, hip or shoulder implant, you are entitled to just compensation for all of the costs you have incurred (in addition to the costs that you will incur in the future).
5. Document the Day-to-Day Effects of Your Defective Exactech Implant
As you live your day-to-day life with the effects of your defective Exactech implant, you should get in the habit of documenting these effects. Each day, take a few minutes to write down all of the ways that your defective implant has negatively impacted your life. Did you have to stay home from work? Did you have to miss a social event or family function? Were you in too much pain to get out of bed? All of these are very real consequences for which you may be entitled to receive financial compensation as well.
6. Keep Following Your Doctor’s Advice
While following your doctor’s advice day in and day out can be difficult, it is extremely important that you do so. This is important not only to help ensure that you recover as fully as possible but also to help protect your right to just compensation. If you can clearly show that you have done everything you possibly can to recover, this will help to clearly establish that Exactech is responsible for your financial and non-financial losses.
7. Talk to a Lawyer About Filing an Exactech Lawsuit
Finally, to ensure that you are making informed decisions about protecting your legal rights, you should speak with a lawyer about filing an Exactech lawsuit. This costs nothing out of pocket. Our lawyers can explain everything you need to know free of charge, and if you have a claim, you will pay nothing unless you win.
What Not to Do if You Received a Defective Exactech Ankle, Knee, Hip or Shoulder Implant
In addition to taking the steps we’ve outlined above, you should be careful to avoid some potentially costly mistakes as well. For example:
- Do Not Ignore Your Symptoms or the Effects of Your Defective Implant – Do not ignore any of your concerns about your Exactech implant. If you are experiencing symptoms, you should consult with your doctor promptly.
- Do Not Assume There is Nothing You Can Do – While it can be easy to feel helpless in this situation, you have clear legal rights. With an experienced lawyer on your side, you can recover the financial compensation you deserve.
- Do Not Force Yourself to Struggle Through Your Situation on Your Own – Dealing with a defective implant isn’t easy. It also isn’t something that you have to do on your own.
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