If a faulty defibrillator or pacemaker has set you back, we'll help you move forward
Defective medical devices, including pacemakers and defibrillators, can lead to severe health issues.
If your life, or the life of a loved one, has been affected by a faulty defibrillator injury, we can help. If your injuries were caused by a defective product, you may be entitled to claim compensation. Compensation may cover medical revisions, associated treatments, and personal suffering, particularly when devices fail due to manufacturing or design faults.
You can make a defective product compensation claim with the help and support of a personal injury solicitor.
In this article
You are not alone
Faulty defibrillator and faulty pacemaker claims are among the most serious defective product claims that personal injury solicitors handle.
As with any defective medical product, a claim can be made for injuries resulting from a faulty defibrillator, including an implantable cardioverter-defibrillator (ICD).
Although the great majority of defibrillators and pacemakers work correctly, there have been a number of product recalls in recent years resulting from defects that cause batteries to deplete and defects that fail to correctly regulate a patient's heartbeat.
If you decide to make a faulty defibrillator or pacemaker claim, your personal injury solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you deserve.
Am I entitled to make a faulty defibrillator or pacemaker claim?
If you've been injured or diagnosed with an illness in the last three years and it wasn't your fault, you will be able to claim compensation.
Use our injury claim calculator to find out if you can claim. Or you can call 0800 376 1001 to speak to a specialist advisor. Find out in minutes if you have a claim.
Can I claim if I feel I was partly responsible for my accident?
Determining who is to blame for an accident is not always black and white.
In our recent 2023 Personal Injury Claimant Survey, 13.99% of respondents believed they may have been partly (or wholly) responsible for their injuries.
Even if you were partly at fault, you could still be able to claim compensation. 'Split liability' or 'contributory negligence' are terms used to describe these cases.
How long after a faulty defibrillator or pacemaker injury do I have to claim compensation?
An injury claim will usually need to be made within 3 years of the date or your accident or injury.
If your injury or illness is not immediately apparent, the 3-year time limit starts from the date that you injury or illness was diagnosed and your were informed of the likely caused.
How much compensation can I claim for a faulty defibrillator or pacemaker?
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.
Faulty defibrillator or pacemaker
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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.
If it can be proved that your injury left you unable to work, special damages can be awarded for any lost earnings, loss of commission or bonuses, and loss of pension contributions. It may also be possible to claim for loss of future earnings, if the medical prognosis establishes that you won't be able to work for any period in the future.
These damages will also cover the cost of any medical procedures you might need to treat or recover from your faulty defibrillator or pacemaker injury such as emergency medical care and psychological support.
What should you do if you think that you or a family member has been affected by a faulty pacemaker?
The first step is to ensure that the person affected sees a doctor. The doctor can investigate the matter and confirm if there is a defect or potential defect, and will arrange treatment for any injuries that have arisen due to the fault.
If the affected person has been injured as the result of the defect, and the manufacture of the defibrillator is found to have been negligent, a claim can be made. This will likely require an independent medical exam, which the solicitor handling your claim can arrange.
Who is responsible for defibrillator failure compensation?
The manufacturer, distributors, and medical facilities can all be held accountable, depending on the nature of the fault.
A medical negligence claim could be made if the medical team responsible for the installation and monitoring of the pacemaker were negligent, failing to install the item correctly, or installing a defibrillator they should have been aware was faulty.
Clinical negligence claims
Faulty defibrillator or pacemaker injuries are usually categorised as clinical negligence. Click on the icon below for more information.
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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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.