In the event of a malfunction, deterioration of the characteristics or performance of a medical device already placed on the market, including ergonomic handling errors, undesirable side effects as well as inadequacies in the information provided by the manufacturer, the MDR refers to an "incident".
If such an incident leads to, has led to or could lead to (the suspicion or suspected causal link between the product and the incident is already sufficient here) that:
- the death of a patient, user or third party occurs, or their state of health temporarily or permanently seriously deteriorates,
- there is a serious risk to public health,
then the MDR speaks of a "serious incident". Article 87 of the MDR sets out corresponding notification deadlines to the relevant competent authorities, for example the Federal Institute for Drugs and Medical Devices (BfArM) in Germany.
Type of incident | Reporting deadline | Comment |
Serious incident | Immediately, maximum after 15 days | The incident must be reported immediately after the (possible) causal link with the product has been established. In any case, however, the incident must be reported within the maximum period specified. |
Serious incident in the event of the death of a patient, user or third party, or of a serious temporary or permanent deterioration in their state of health. | Immediately, within a maximum of 10 days |
Serious risk to public health | Immediately, maximum after two days |