Defective medical products claims

Updated: October 8, 2018

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 612 7456 to find out if you could have a medical negligence or defective product claim.

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Do I have a claim for defective medical products?

If you were injured by defective medical products in the last three years (longer if children were involved) and someone else was to blame, then we can help you make a compensation claim.

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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.

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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.

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How to make a guaranteed no win no fee medical negligence claim

A no win no fee agreement (more correctly called a CFA or Conditional Fee Agreement) is entered into between the claimant and solicitor.

The Conditional Fee Agreement is the terms under which the solicitor represents the client.

The agreement sets out what the lawyers will actually do and how they will be rewarded if the compensation claim is ultimately successful.

If you choose Quittance Personal Injury for your medical negligence compensation claim there will be no extra fees , no up-front fees and the reassurance that you will never be out of pocket.

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Calculate my defective medical products compensation

The amount of compensation you will receive depends on a number of factors. Our personal injury compensation calculator provides an accurate estimate of your likely compensation.

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Meet the QLS team

The nationwide network of Quittance solicitors help injured people with all types of personal injury claims, from less-severe claims to life-changing injuries. Selected for their track record in recovering compensation, our lawyers have years of dedicated experience.

Click here to see more of the Quittance team.

Kevin Walker Serious Injury Panel Solicitor
Emma Bell Employers and Public Liability Panel Solicitor
Shahida Chaudery Complex Injury Claims Panel Solicitor
Jonathan Speight, Senior litigator

About the author

Jonathan has over 30 years' experience in the personal injury sector and has been awarded the rank of Senior Litigator by the Association of Personal Injury Lawyers (APIL).

Read more about this Quittance Legal Expert

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