Defective Medical Equipment Claims

What makes a medical device defective?

When it comes to medical devices and equipment, we rely on manufacturers to develop products that are safe to use and will last over time. There are strict regulations in this area – reinforced by the Medicines and Medical Devices Act 2021 – but errors can unfortunately still happen.

A medical device is considered to be defective when it fails to provide the level of safety patients should expect. This could include any faulty or broken equipment that causes a patient harm – either through injury or illness.

Types of defective medical device claims

Some examples of the types of defective medical devices that may have harmed you include:

• Defective drugs or medicines
• Faulty defibrillators
• Faulty diagnostic equipment
• Medical implants or devices inserted during surgery – such as hip and knee replacements, pacemakers and mesh implants
• Medical instruments

It’s important to note that this isn’t an exhaustive list. If you’ve been negatively impacted by any type of defective equipment being used, we’d encourage you to get in touch with our claims advisors. They’ll listen to the details of what happened and let you know if you’re eligible to make a claim.

Who is responsible for errors in medical devices?

If you’ve suffered as a result of a defective medical device being used, you might be feeling unsure about who should be held responsible. We can help you work this out.

Where equipment hasn’t been checked or properly maintained, a claim would usually be made against the hospital trust or general practice you were treated at.

But if the issue with the device was a result of poor manufacturing, you’ll likely take legal action against the manufacturer themselves.

We work with expert defective medical device lawyers who will use their experience to identify the party responsible for your injury or illness before approaching them and negotiating on your behalf.

How can First4Lawyers help?

Our role is to put you in touch with specialist solicitors who can take some of the stress out of the claims process, so you can focus on your recovery.

Once you’ve been matched with a solicitor, they’ll start working on putting a case together that reflects the negligence you suffered and the effect that it’s had. Your solicitor may also be able to help you access essential treatment and rehabilitation to support your recovery.

For these types of claims, we work on a No Win No Fee basis, which means there will be no upfront costs to pay. And if your claim is unsuccessful, you won’t have to pay any legal fees.

Who can make a defective medical device claim?

If you’ve suffered an injury or illness or had an existing condition made worse because of a defective medical device, you could be entitled to make a claim for compensation.

There’s generally a three-year time limit in place for these types of claims. This could be three years from the date the negligence happened or when you first became aware of it. So if you think you have a claim, we’d recommend seeking legal advice as early as you can.

It’s also possible to make a claim on behalf of a loved one in certain cases, including if the person who suffered because of defective medical equipment is:

• Under the age of 18
• Someone who is lacking mental capacity
• Someone who has died

In the circumstances listed above, the time limits for making a claim may vary.

How much compensation could I receive?

As with any personal injury claim, the amount of compensation you’ll receive if your case is successful will depend on numerous factors.

Your dedicated solicitor will work to value your claim with the help of independent medical experts. They will take into account the pain and suffering you’ve endured, as well as any associated financial losses – such as a loss in earnings or medical expenses.

If the individual or organisation you’re claiming against admits liability, you may also be able to receive part of your compensation before the claim is fully settled – this is known as an interim payment.

I think I have a claim – what do I do next?

It’s a good idea to get in touch with us as soon as possible so we can give you an idea of the next steps. You can contact us by calling the number at the top of the screen or by requesting a callback. There’s also the option to start your claim online.

Once you’ve spoken to us there’s no obligation to go forward with a claim. We’ll never pressure you into making a decision and you’re more than welcome to call us back at a later time if you’re feeling unsure.