Defective Medical Device
Compensation Claims

Key advice when you claim for a defective medical device injury

• Manufacturers and suppliers of medical devices and equipment owe a duty of care to ensure their products are fit for purpose.
• Surgeons, technicians, nurses and other medical staff must also ensure that medical devices are used and implanted correctly.
• You can claim if you have been injured or made ill by a faulty or misused medical product.
• You can make a claim within 3 years of the date you learn you had been harmed by a defective medical device or product.
• Your solicitor will identify who your claim should be made against.
• Compensation varies according to your injury's severity and the financial losses or expenses you've incurred. Use our compensation calculator to estimate your claim.
• Your compensation will also cover the cost of corrective surgery, ongoing treatment and long-term care.
• You can make a no win, no fee claim.

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 No Win, No Fee compensation claim with the help and support of a personal injury solicitor.

You are not alone

Given the potential for very serious harm, there are extensive guidelines for the identification and recall of defective medical products. The rules impose obligations on manufacturers, distributors and medical professionals (gov.uk).

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. Identifying the manufacturer, supplier or medical professional responsible for your condition can also be challenging without legal expertise.

We can help you claim compensation for any injury or illness caused or worsened by a defective medical product.

How much compensation can I claim for a defective medical product?

The compensation you can claim for illness or injury caused by a defective medical product will depend on:

• the nature and severity of your injury,
• the impact of your injury on your daily life and ability to work,
• the financial losses or expenses you've faced because of your injury.

General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) 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.

Read more:

A complete list of recoverable losses in a personal injury claim

How is compensation calculated if I have multiple injuries?

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.

Defective medical product clinical negligence claims

Most defective medical product claims involve clinical negligence. Click the icon below to explore the next steps in the claims process.

Medical negligence Other accidents

Sources

Author:
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.