If a medical product injury has set you back, we'll help you move forward
Injuries from defective medical products can cause significant harm and undermine trust in medical treatments.
If your life, or the life of a loved one, has been affected by a defective medical product, drug or medicine, we can help. You may be entitled to claim compensation for the physical and psychological impact, including further medical intervention, loss of income, and long-term care needs.
You can make a compensation claim with the help and support of a personal injury solicitor.
In this article
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.
How much compensation can I claim for an injury?
The amount of money you could claim for your injury will depend on:
- the seriousness of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.
Get an accurate compensation estimate (including for multiple injuries), confirm your legal position, and check if you have a No Win, No Fee claim.
Updated December 2023
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General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are awarded to compensate you for any costs or losses you've incurred or might incur as a result of your accident. These costs might include loss of earnings, including potential lost commission, bonuses or promotions, or any other out of pocket expenses.
Special damages may also be awarded for medical treatments or procedures that you might need to treat your injury, including corrective treatment and psychological support.
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:
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.
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.
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.
How we can help you with your injury claim
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.
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If you have any questions, or would like to start a No Win No Fee injury claim, we are open:
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Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:
Handled with the utmost professionalism... extremely kind, courteous and empathetic.
Gaynor Haliday, Legal researcher
About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.