Undergoing a medical procedure can be a time where you feel very vulnerable and it is vital that you are able to fully place your trust in the hands of your medical practitioner and any equipment being used by them.
That is why, when something goes wrong due to the fault of a piece of medical equipment, it can be incredibly frustrating and emotional, never mind unnecessarily painful and harmful.
Defective product claims can help you get your life back on track if you have been negatively impacted by faulty medical equipment and compensate you for any loss of income or changes you have had to make to your standard of living as a result of your injury.
At Brown Turner Ross, we take your side and will fight your corner to get you the compensation that you deserve after such an injury. As well as financial compensation, we also offer help in sourcing support and care for you and can advise on the best route to go down to ensure you are prepared and set up well for the future.
What are defective medical claims?
Defective medical claims are compensation claims pursued after you have been injured by a faulty medical product, whether it be a tool, a device, or a drug.
These are overarching terms that apply to any piece of equipment used in a medical procedure such as catheters, implants, and anaesthesia.
So, for example, if you receive a replacement hip and it fails before the minimum period of 15 years or it causes damage and has to be removed then you may be able to make a defective medical claim.
These types of claims can be similar to other claims such as allergic reaction compensation claims as you can take all necessary precautions to avoid such injuries and still experience one through no fault of your own due to the negligence of another party.
Can you claim for faulty medical equipment?
Yes, you can claim compensation if you can prove that you have been injured or your current condition has been made worse by faulty medical equipment.
A faulty medical device has the potential to cause life-changing injuries, or accelerate current conditions leading to the need for further surgeries ahead of schedule that would have otherwise been unnecessary.
Medical device product liability lies strictly with the manufacturers. By the Consumer Protection Act 1987, manufacturers have a legal responsibility to ensure that their products are reliably safe for use, as well as identify any faults that develop with the items and recall them if necessary. If a defective medical product causes harm to a patient, then the manufacturer is automatically held liable.
This is distinct from other types of medical negligence cases, say if, for example, you were subject to electrical shocks by a doctor misusing a tool. Defective medical equipment strictly refers to when the medical products used are faulty to such an extent that they are no longer safe.
How much compensation could I be due for an accident from a defective medical device?
Compensation from a faulty medical device ranges from a couple of thousand pounds to hundreds of thousands of pounds depending on the circumstances and the extent of the injury and the impact that it has had on your life.
There is no formula that you can use to gauge the exact amount of compensation that you will receive, however it will be made up of a combination of general damages and special damages.
General damages consist of payments made to compensate you for your pain and suffering, whereas special damages are specific amounts that compensate you for income that you have lost and any expenses you have had to accrue due to your injury.
Who will I claim against?
Compensation claims are brought against the negligent party. For defective medical equipment claims this is often the manufacturer of the equipment being used, but it could also be the establishment that managed the installation of the equipment.
If you have a complaint against your medical provider after receiving treatment, then you can raise this with the NHS through the Patient Advice and Liaison Service (PALS).
A personal injury claim through product liability must be raised if you are seeking compensation, as PALS cannot distribute compensation awards and are purely for lodging complaints of medical negligence.
Defective medical equipment solicitors
Thankfully, regulators and consumer groups are efficient at identifying faults in medical products and acting on these for the safety of the general public.
If you have been the victim of an injury caused by a defective medical product then please contact our personal injury solicitors at Brown Turner Ross who will manage your claim and secure you the compensation that you need to return to a comfortable life.