We expect our medical treatment to be of the highest standard, and that the equipment used during procedures will be safe and effective. However, medical devices are sometimes defective, causing further damage to the patient or requiring removal soon after insertion. In some cases, the harm caused by these products can be devastating and chronic.
The current approval system for medical devices sometimes allows defective products to be circulated without thorough testing - take, for example, the recent scandals involving PIP breast implants and De Puy metal-on-metal hips, and the growing scandal surrounding vaginal mesh products. There may also be issues with individual products, which may not have been produced, stored or inserted properly.
Where a defective medical product has been used to treat a patient, we may be able to assist in securing compensation. If a product has also been fitted incorrectly, this can also be considered as part of a claim.
Under the Consumer Protection Act 1987, liability for defective products is strict - this means that, if an unsafe product causes you injury, there is no need to show fault or negligence.
We can seek the manufacturer's information guide to assess the product, and we also make use of the Freedom of Information Act to acquire information relating to government practices on approval and regulation of devices/products.
How We Can Help
We offer a free initial discussion to talk through your issue, offer our opinion and guide you through the options available. Our team includes former clinical professionals now practising as lawyers, giving us the detailed medical knowledge to fully investigate your claim and secure the compensation you need.
Product Liability Claims
Some examples of medical devices which can cause damage if faulty are:
- Replacement hip, knee or knuckle joints
- Vaginal mesh patches and trans-vaginal tape
- Breast implants and other cosmetic devices
- Pacemakers and artificial heart valves
- Medical equipment for use outside of surgery, such as kidney dialysis machines
- Prescription drugs - side effects
- Various consumer products, for example a kitchen mop with a concealed sharp point
If you would like to discuss a claim relating to cancer treatment, you can contact us for free, discreet and impartial advice on 0800 0730140.