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I would return it, but if you are curious you can try some of the following to get experiencing identifying bad disks.
You could try a different computer or controller to be sure.
If you can get some writes/reads to work, you can use badblocks or dm-crypt: https://wiki.archlinux.org/title/Badblocks#Alternatives
Badblocks will write known data to disk then read it to verify its good. If the disk is malicious, this can be faked. badblocks is also a little slow.
Using dm-crypt in the wiki will write zeros through dm-crypt which will result in random noise being written to disk, then compare with zeros to verify reads are good. This can not be faked easily since the zero stream is encrypted as it is written to disk.
If you don’t want to risk getting a ban at all, the only safe thing is to not connect to the internet at all. Maybe there is some level of safety, but it could take only one mistake.
If we assume that we fully understand how nintendo catches this, we would still only ubderstand at that point in time. They could still change or push updates which could cause you a problem.