Faulty medical product claims

There are a wide range of medical products available which are used by millions of people in the belief that they will improve their quality of life.

However a fault or defect can occur with a medical product which leaves the patient at risk of a serious injury or illness. In some cases this can be fatal.

If you have suffered an injury as a result of a faulty medical product then you may be able to claim compensation.

The control and regulation of medical products is administered by the Medicines and Healthcare products Regulation Authority (MHRA). This UK government organisation exists to protect the general public by ensuring that medical products and medicines are safe and effective.

For more information visit their website on www.mhra.gov.uk

What is a medical product?

A medical product is a type of device which is designed to help with the diagnosis of a disease and/or its treatment. These products can ease chronic disease, illness or injury and in some situations, can extend life expectancy.

Plus as technology advances these products become ever more sophisticated and as a result of this, prove even more effective in the diagnosis and treatment of a chronic condition.

Examples of medical products

A well know medical device is a pacemaker which is used to treat people suffering from a variety of heart conditions such as a heart attack.

Others include:

  • Replacement hip joints
  • Replacement heart valves
  • Corneal implants
  • Cosmetic implants, e.g. silicone breast implants
  • Replacement knee joints
  • Contraceptive devices, e.g. Intrauterine Device (IUD)

This category of claims can also include medicines such as the anti-viral Tamiflu but these are discussed in a separate section.

Find out more in our faulty medicine claims section.

Impact of a faulty medical product

For most of the time these medical products work well and without any problems but unfortunately, there are occasions when they don’t. This results in physical and mental distress for both the patient and their family.

Manufacturers of medical products have a duty of care to their patients to ensure that they can use these products without any ill effects. This equally applies to anyone who administers these products as well.

A failure to do so can have a dramatic impact upon the patient and their family which may result in long term stress and anxiety. In some situations the patient may require additional treatment or medication.

He or she may have to take time off work which can mean a loss of earnings and pension rights. Plus this drop in income affects their day to day living and may result in financial hardship.

All of which causes additional distress.

If the damage caused is permanent then no amount of money will restore your health to you. But compensation can cover any additional expense caused by your injury as well as any reduction in income.

Making a claim of compensation for a faulty medical product

You need to find a personal injury lawyer, solicitor or claims assessor who has experience and in-depth knowledge of the issues surrounding your claim.

He or she should handle your claim with sympathy and understanding and will be able to advise you about any issue in regard to it. This includes the time limit for making a claim.

Time limit for claiming compensation for a faulty medical product

Normally there is a time limit of 3 years for personal injury claims but check with your lawyer or solicitor. This time limit applies to most but not all types of claims and may differ in defective medical device claims.

To learn more about the claims process, visit our making a claim for compensation section.

Personal Injury Guide

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