Guide · Healthcare

Medical Devices and Diagnostics: A Comprehensive Guide to Classification, Clearance, Preemption, Recalls, and Laboratory Testing

21 U.S.C. § 321

Type
Guide
Jurisdiction
National
Date
2025-11-13
Topic
Healthcare

This guide covers medical devices and diagnostics from classification through litigation. It begins with the definitional boundary that separates devices from drugs and from unregulated software, then works through the three classes, the notification pathway most devices actually use, the approval pathway a small minority take, and the risk-based route for genuinely novel products. It sets out the preemption architecture those pathways generate, the narrow parallel claim that survives it, and the drug decisions that illuminate the same asymmetry. It covers adverse event reporting and the public databases that should be searched before any complaint is drafted, the recall system and what a recall does and does not prove, the quality system requirements that supply most viable claims, and the laboratory certification regime governing diagnostics. It closes with software, promotion, evidence preservation, and working sequences for both sides.

Medical Devices and Diagnostics: A Comprehensive Guide to Classification, Clearance, Preemption, Recalls, and Laboratory Testing

Healthcare > Medical Devices, Diagnostics, and Laboratory Testing | Published 13 November 2025 - Updated 31 December 2025 | UpLaw - uplaw.us

1. What is a device

The definition at 21 U.S.C. § 321 covers an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or similar article — including a component or accessory — intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease, or to affect the structure or function of the body, and which does not achieve its primary intended purposes through chemical action within or on the body and is not dependent upon being metabolized.

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