Of the 524 firms on our 92 city lists in the United States, Schochor, Staton, Goldberg, and Cardea, P.A. scores highest on malpractice focus, published results, client reviews and experience, followed by Hastings Law Firm and The Law Offices of Dr. Michael M. Wilson MD, JD & Associates. Each firm keeps its best score from the cities it serves; open a city for its full list.
Best Defective Drugs Medical Devices Lawyers in the United States
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This spot goes to one firm for a year. It's shown first, above everyone below, and labeled Featured.
4.8181 Google reviewsRated 4.8 out of 5 on Google from 181 reviews
Best for: Birth injury and hospital negligence
In its published cases, Schochor, Staton, Goldberg, and Cardea, P.A. describes oxygen deprivation during delivery and Erb’s palsy; it also publishes verdicts involving deaths after hospital care.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
4.6102 Google reviewsRated 4.6 out of 5 on Google from 102 reviews
Best for: Misdiagnosis and surgical injury claims
Among Hastings Law Firm's published results are a $19,750,000 failure-to-diagnose settlement and a $10,700,000 negligent-prescribing jury verdict. Because it focuses on malpractice and publishes those results, it tops this list.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
5.0216 Google reviewsRated 5.0 out of 5 on Google from 216 reviews
Best for: Delayed diagnosis and anesthesia injuries
An alleged delayed diagnosis of HSV encephalitis is behind the $11.65 million result published by The Law Offices of Dr. Michael M. Wilson MD, JD & Associates. For negligent anesthesia care, it reports another result of $8 million.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
4.724 Google reviewsRated 4.7 out of 5 on Google from 24 reviews
Best for: Misdiagnosis and surgical injury claims
A $12 million misdiagnosis result stands out among the cases published by The Law Offices of Cardaro & Peek, LLC. For negligent surgery, it lists a $7.9 million result; for breast cancer misdiagnosis, it lists $7.1 million.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
4.7226 Google reviewsRated 4.7 out of 5 on Google from 226 reviews
Best for: Birth injury and delayed diagnosis
Among Wapner Newman Attorneys At Law's listed results are $8.4 million for brain injury after a delayed diagnosis and $7 million for birth trauma causing brain damage.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
Defective drugs medical devices lawyers by state
The rules change from one state to the next, so the lawyers near you are the ones to call.
You may have a product liability claim against the manufacturer if an unsafe drug or medical device injured you. That alone doesn't mean medical malpractice occurred. Before you ask about a claim, consider whether the product caused harm or your medical care played a part. Both may warrant a look. Ask a lawyer in your state to review those questions and explain how long you have to file.
Put your health first. When a medication or device concerns you, explain why to your treating clinician and ask what you should do next. Don't let the legal inquiry guide your treatment decisions. You can't use this page to decide whether a particular product is unsafe or whether to change your care.
How a malpractice claim usually moves
1.Something went wrong
Write down dates and names while they're fresh.
2.Get your records
Ask for your full chart and test results.
3.Free case review
A lawyer looks at what happened, free.
4.Medical opinion
A doctor checks whether the care fell short.
5.Start the claim in time
Your lawyer starts the claim before the deadline.
6.Settlement or trial
Many claims settle. Some go to a judge or jury.
What a defective drug or medical device claim involves
If an unsafe medication or medical device caused an injury, these claims address it. They focus on the product. Whether a doctor, nurse or hospital made a treatment error is a question to consider separately.
For people harmed by a device, whether through injury or illness, Terry & Kelly's discussion of defective medical device lawsuits describes product liability claims. You can't conclude from that that your device was defective. Before assessing a claim, a lawyer still needs to examine your particular product and how it relates to your injury.
Before you ask for help, you don't need to pick a legal label. Explain what happened using your own words. When you name the medication or device, include when you received it and describe the harm you're worried about. Say so if you don't know the product name. Avoid guessing.
How the injury happened matters
When something worries you, the product and your care may need separate reviews. Did an unsafe drug or device cause the problem, or did someone make an error while providing care involving it? Before discussing a proposed claim, ask the reviewing lawyer whose conduct it would address. An injury involving a product doesn't always call for the same kind of case.
Two questions to keep separate
A concern about the product
What medication or device is involved?
What supports the concern that the product was unsafe?
What connects that product to the injury?
A concern about the medical care
What did the medical provider do or fail to do?
What care should have been given in those circumstances?
Did that difference cause harm?
Manufacturers and medical providers are potential defendants named on Clark & Mitchell's page on defective medical devices. A lawsuit won't necessarily involve them both. If a lawyer in your state proposes naming a defendant, ask what evidence would support a claim against that defendant.
See Medication & Prescription Errors if your concern involves a prescription or the way someone gave you medication. If you're questioning hospital care, Hospital & Nursing Negligence addresses that different side of the problem. These distinctions can help when you request a review, so you can explain whether your concern involves the product or care.
Warning signs: get medical guidance, not a diagnosis from a lawsuit page
You won't find a product-specific symptom checklist here. If you develop a new health problem or treatment doesn't turn out as you'd hoped, that alone doesn't identify a defective drug or device. To understand what's happening, ask your clinician. Ask whether they think the product could be involved.
Be specific with your clinician. When you explain what changed, say when you first noticed it and ask whether you need an evaluation promptly. Ask how you should proceed with using the medication or device. Don't treat a lawyer's advertisement as medical advice.
What makes it malpractice rather than a bad outcome?
If treatment goes poorly, it's reasonable to ask questions. That doesn't tell you who's at fault. Ask about the standard of care when a lawyer reviews possible medical malpractice, including whether an error caused you harm. To address the standard of care, consider what the provider should have done in your circumstances.
To address causation, ask whether the alleged error caused your injury; for harm, identify the injury or loss at issue. When discussing each, ask how your state's rules apply. Once the lawyer has reviewed your account, ask them to explain what's still uncertain.
Consider the product on its own. If you suspect the manufacturer's product had a problem, that doesn't show your clinician gave improper care, nor does questioning a clinician's decision show the medication or device was defective. For each allegation, ask what the lawyer has to support it.
The Informed Consent page may be more relevant if your concern is about what someone told you before treatment. When talking to the lawyer, describe what you remember hearing. If you still have written information, point it out.
What to gather for an initial review
Before a review, you don't need to have the case proved. Start with the records you have and ask which others the lawyer would find helpful. Don't delay that first conversation just because your file isn't complete.
Copy the product name exactly as it appears on any label or paperwork you have. If you're unsure about something, mark it.
As you list treatment dates from earliest to latest, note when you first remember feeling concerned. Use approximate dates if you need to.
Start by gathering the medical paperwork you already have. If other providers might have records, name them.
When you describe the injury you're worried about, say how your life has changed. If you only heard about something, distinguish it from what you experienced.
When you ask the lawyer what else to keep, mention any letters or messages about the product or your complaint you've saved.
If you're contacting the firm for a family member, explain what you saw or experienced yourself. If that person can't speak with the firm directly, find out what paperwork or permission it needs before it can discuss the care they received.
Deadlines differ by state
You can't rely on one national rule to find out when your claim is due. Some deadlines are as short as one year from the injury (other states allow two or more years), according to Perdue & Kidd's discussion of defective medical devices. Knowing that range still doesn't tell you your filing cutoff. Because states have different deadlines, have a lawyer explain how long you have to file in yours.
As short as the filing period described by Perdue & Kidd, measured from the injury
You can start looking for local help through the state pages. Before calculating a deadline, have a lawyer identify the statute of limitations for your proposed claim and tell you what date starts the clock. If a product claim is under review too, don't assume it shares the medical malpractice deadline; ask the lawyer for each.
What to do next
Prepare for a useful case-review conversation
1
Address the medical concern
If symptoms or a product worry you, tell the clinician treating you. While a legal review is pending, ask your clinician what to do about treatment.
2
Make a short account
Name the product as you describe what happened afterward. If you think the product played a part, say why you suspect a connection without guessing at the details you don't know.
3
Ask about the claim and the clock
If you're unsure whether the product or your care needs review, have a lawyer in your state explain possible liability or malpractice claims, including whether both need review. Be sure to ask about filing deadlines.
4
Clarify the next step
Before going ahead, check that the firm has agreed to take your case and ask which records it needs. Have the firm walk you through its proposed fees before you sign, especially any costs you'd pay out of pocket.
Before choosing a firm, find out if it handles claims involving the kind of drug or device that worries you. If it mentions a published result, have it explain that case and how it differs from the one you're bringing. You can't predict how your case will turn out from past results.
If the device is connected to your injury, you may be able to bring a product liability claim. People harmed by a defective device can read about possible claims on Terry & Kelly's device lawsuit page. Reading that page isn't enough to know you have a claim. Before a lawyer in your state can assess your claim, they'll need to examine the product you're concerned about and the alleged defect, including its connection to your injury.
Is an injury from a defective drug or device medical malpractice?
An injury alone doesn't establish malpractice. When someone brings a claim against a manufacturer here, it's usually for product liability. Have the lawyer look separately at your medical care if that also worries you, with an explanation of what care you should have received. As you discuss the alleged error, ask how your state's rules apply to whether it caused you harm.
Can a claim involve both the manufacturer and a medical provider?
Clark & Mitchell's defective-device page lists manufacturers as potential defendants, along with medical providers. Before naming either as a defendant, a lawyer must decide whether your claim should include one or both. When you ask what evidence a claim against each party would need, keep your concerns about the product separate from what worries you about treatment.
How long do I have to file a defective medical device lawsuit?
Your deadline depends on which state applies. Some states allow two or more years, though Perdue & Kidd notes that some periods are as short as one year from injury. You can't use that range as your deadline. When you look for a local lawyer through the state pages, ask which statute of limitations applies to your claim and what date starts the filing clock.
What information should I bring to a lawyer?
As you tell the lawyer how you were hurt, name the product and give the dates you remember. If you have medical paperwork or correspondence about the product, take it to the lawyer. Leave unknown details blank. Contact the firm about your deadline even if your file isn't complete yet, and ask which additional records it wants you to bring.
Should I stop using a medication or device if I suspect it's defective?
Don't use what you've read here to decide whether to stop medication or change the way you use a device. When you contact your treating clinician for guidance on what to do next, explain what has you worried. Say when you first noticed something change. A legal review, if you want one, should be separate from your treatment decisions; it can't replace your clinician's guidance about the care you're receiving.
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