What is the process for filing a medical device injury claim?
Filing a claim for a medical device injury in Washington State begins with providing notice of the injury to the manufacturer or their insurance company. This is done by filing a Notice of Injury Form provided by the Department of Health in Washington. The notice should include information establishing the use of the medical device and the injury suffered because of it. Once the Notice of Injury Form is received, the manufacturer is required to investigate the claim and determine whether or not the provided medical device caused the injury. If the manufacturer agrees that the medical device caused the injury, the claim may be paid directly by the manufacturer or their insurance company. If the manufacturer denies the claim, the injured party must file a formal complaint with the Washington State Department of Health. The complaint must include a detailed explanation of the injury, why the manufacturer is liable, and any supporting documents such as medical records and medical bills. Once the case is formally filed, the Department of Health will investigate it to determine whether or not the medical device was the cause of the injury. If the investigation determines that the medical device was the cause, the Department of Health will assign an administrative law judge to hear the case and decide whether the manufacturer is liable and what, if any, compensation should be provided to the injured party. If the judge decides that the manufacturer is liable, the judge will order them to provide the compensation to the injured party.
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