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Injured by a medical device: what to preserve.
The evidence that determines a medical-device case is usually collected in the first month. Here is what to save, in what order.

In this guide
Chapter 01
The explanted device
If your surgeon is removing all or part of a device — an IUD, mesh, joint implant, port catheter — request in writing that the explanted material be preserved in pathology. Most hospitals have a protocol; a short form is usually enough.
The physical device is often the single most important piece of evidence. Once discarded, it cannot be reconstructed.
Chapter 02
Operative reports and imaging
You are entitled to the operative report from both the original implant and the revision. Also request:
- Pre-operative and post-operative imaging (CT, MRI, ultrasound)
- Pathology reports
- Discharge summaries
- Manufacturer stickers or lot-number pages from the implant record
A short written request form is enough. Hospitals must respond, usually within 15 business days in California.
Chapter 03
The symptom timeline
A week-by-week log of pain, mobility, medication, sleep, and time away from work is worth thousands of dollars in a case. It is also invaluable to your own care team.
You do not need to write formally. A running note in your phone works.
Chapter 04
Manufacturer and lot number
The specific manufacturer and lot number determines which litigation, if any, your case fits into. Different manufacturers face different MDLs; some devices have no active litigation at all.
If your operative record does not include the lot number, ask the hospital to add it or provide the implant record separately. Most facilities can.
Related practice area
Product Liability & Medical Devices
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