Defective Medical Products Compensation Claims

If your life, or the life of a loved one, has been affected by a defective medical products drugs or medicine we can help.

The purpose of this guide is to help anyone who has suffered a defective medical products drugs or medicine and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

In our guide to claiming defective medical products compensation:

Introduction

Defective medical products, drugs or medicine can significantly delay the treatment of existing medical issues and cause serious illness or injury.

Compensation claims of this nature, however, can be complex and identifying the manufacturer, supplier or medical professional responsible for your condition can be daunting without legal support.

Read this article to find out more about the main issues regarding defective medical product and medicine claims.

Alternatively, you can call Quittance on 0800 376 1001 to find out if you could have a medical negligence or defective product claim.

Defective medical product claims

The term 'medical product' is a general term for medical devices or products that are used to serve a medical or cosmetic purpose, such as a hip replacement joint or silicone breast implant.

If a medical product is found to be defective in any way, the patient is likely to be able to make a compensation claim.

The defective product will usually fall under one or more of the following categories:

Defective manufacture

These products have been manufactured incorrectly, or have been damaged at any point between the production factory and the medical centre where the fitting took place.

The claimant's solicitor must be able to prove that the product was manufactured in a defective way, or else was damaged before being fitted.

Defective design

The product may have been manufactured to the correct standard, but the design or development was flawed.

The claimant's solicitor will need to prove that the manufacturer was aware of the design defect, but did not take adequate steps to ensure it was taken off the market.

Defective or misleading marketing

If a medical product has been marketed inaccurately, or 'defectively', anyone from the manufacturers to the doctor could be found responsible.

If a doctor recommends a product to a patient without offering an alternative or fully explaining the positives and negatives of the choice, the patient may have a claim.

Incorrect application

If the product is not faulty, but has been used or applied to the patient incorrectly, a compensation claim may still be made. These claims will be made against the medical practitioner, rather than the medical product manufacturer or supplier, and are considered to be cases of medical or clinical negligence.

Compensation for defective drugs and medicine

While most drugs and medicines carry some risk of side effects, if you find that a drug or medicine you use significantly worsens an existing medical condition, you may be entitled to compensation.

Companies that produce medical products must have a very high standard of quality in their research, design and manufacturing.

Products must be rigorously tested before they can reach patients. However, injury or exacerbated illness can still occur.

Possible reasons for defective drugs and medicine:

  • The drug is not checked sufficiently for allergic reactions
  • The medicine interacts dangerously with other medications
  • The medication stops other medications from working
  • There is a flaw in the manufacturing process
  • Contamination with other dangerous substances or infectious diseases has occurred during manufacture

Defective drugs and medicines pose a particularly high risk to a person's health as they are often used when the patient is already in a poor state of health, making them especially vulnerable to further illness.

The duty of care to protect users, that is imposed on parties involved in every stage of the development, manufacture, supply and administering of medication, is therefore very high.

No win, no fee, no risk

No win, no fee means that your solicitor will not charge you any legal fees if your defective medical products claim is unsuccessful. 'No win, no fee' is also called a 'Conditional Fee Agreement' or 'CFA'.

Our no win, no fee promise

Our no win, no fee guarantee means there is no financial risk in making a defective medical products claim, even if you don't win your claim. Read more about making a No win, no fee claim

What do I pay if I win my defective medical products claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, after your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my defective medical products claim?

If your defective medical products claim is not successful then you will not have to pay any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.

How do personal injury solicitors get paid?

If your defective medical products claim is successful, the defendant, or their insurer, will pay the compensation and your solicitors fees.

How can Quittance help?

Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning injury claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

Call us FREE 0800 376 1001 or arrange a callback:

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Defective medical products FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more about claiming on behalf of another person.

Can I claim if I was partly responsible for an accident?

You may still be able to claim compensation even if you contributed to your accident or to your injuries.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more about claiming compensation if you were partly responsible for an accident.

How long do I have to make a defective medical products claim?

In general, you have a time limit of up to 3 years from the date of the defective medical products to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your defective medical products claim becomes 'statute barred'.

Can I claim for a defective medical products after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

If you were injured as a child, you do have up until your 21st birthday to make a claim.

There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim defective medical products compensation.

In reality, there are a number of factors that can affect whether a defective medical products claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.

Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

Will I have to go to a solicitor's office?

No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more: Will I have to visit a solicitor's office?

Can I get an early compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more about interim compensation payments.

Howard Willis, Personal injury solicitor

Author:
Howard Willis, Personal injury solicitor