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If your health and wellbeing have suffered as a result of the failure of a medical device, you may no longer be able to do things that you previously took for granted.
While most medical procedures are successful, sometimes mistakes can happen or products can malfunction, which in turn can have an unfounded impact on your life. In some instances, they can prove to be fatal.
Medical devices, such as replacement hips or knee joints, can prove incredibly dangerous if they are not installed correctly. However, in some instances, they can be faulty regardless of human error. In cases such as these, you may be eligible to claim compensation.
At Ramsdens, our team of medical negligence specialists is aware of the problems caused by defective medical products, and we know the impact this can have on your life. To speak to a solicitor about making a defective medical product claim, contact us today by calling 01484 821 500, email us at email@example.com or fill out an online enquiry form and we will be in touch at a more convenient time.
If an individual has suffered as a result of a defective medical device, they can make a claim for compensation if it can be proven that the product was in fact defective, and it was responsible for the injuries suffered, according to the Consumer Protection Act 1987.
Devices of this nature can include:
Defective medical products can lead to a wide array of injuries and illnesses, some of which may have long-lasting or permanent effects. These adverse outcomes can range from allergic reactions and infections to more severe complications such as organ damage, loss of mobility, or even life-threatening conditions. The psychological impact can also be significant, leading to emotional distress, anxiety and depression.
These products can suffer failures due to defective manufacturing, design or misleading marketing. It is the responsibility of the manufacturing company to ensure that they are effective and have as few side effects as possible. If they fail to uphold this promise, individuals can recover compensation from the manufacturer for injury and subsequent financial loss incurred.
Affected patients can also claim medical negligence against their practitioner if the product was applied incorrectly.
Our dedicated team specialises in medical negligence and defective product claims, providing a tailored approach to your unique circumstances. We recognise the complexities of these cases and the impacts they can have on your life, both personally and financially.
When you contact us, we will assess your situation, recommend the best course of action, and let you know an estimate of your chances of success. If you choose to make your claim with us, we will help you gather the necessary evidence, facilitate communications between the involved parties and represent you in court if necessary - though this is rare for clinical negligence claims.
When making a claim for injuries and illnesses caused by defective medical devices and products, compensation can cover various aspects, including:
Each claim is deeply personal and reflects the unique impact the defective product has had on an individual's life. Ramsdens can guide you through what can specifically be claimed in your case, ensuring that all aspects of your injury and its repercussions are considered.
Following an incident caused by a defective medical device, you should know your legal rights. Under the Consumer Protection Act 1987, you may be eligible to seek financial compensation if you can demonstrate that a medical device was defective and caused you harm. Your rights encompass the expectation of safety in medical devices used for your treatment, access to information about these devices, and the ability to obtain compensation for any injuries or financial losses suffered.
You are entitled to legal representation to help you navigate the complexities of product liability and to file a claim within the specified time limits, which is generally within three years from the moment you became aware that the injury related to the defective device. At Ramsdens, we’re committed to protecting these rights and providing the legal support you need to secure the justice and compensation you are due.
Deciding to bring a compensation claim can seem daunting, but with the help of our expert clinical negligence solicitors, it doesn’t have to be. Here, we outline the general process of making a claim so you can know what to expect:
Throughout each stage, Ramsdens will be with you, providing clear communication and compassionate support, ensuring that you’re informed and comfortable with the progress of your claim.
At Ramsdens, our team of product liability claims specialists have dealt with hundreds of cases of this type, so it is likely we will have helped clients in similar circumstances to yours. We can use our insight to gain the best possible outcome for you while ensuring that we maintain high standards of care at all times.
We offer a no win, no fee claims service for injuries caused by medical negligence. This means that you will only be required to pay your legal fees with us if your claim is successful, allowing you to make a claim with minimal financial risk.
Based in multiple locations across Yorkshire, we provide award-winning legal representation to clients all over the county. Read more about how we have helped countless people make compensation claims for clinical negligence on our case studies page.
For most medical negligence cases, including defective medical product claims, you have a time limit of three years from the date that you became aware that injury or illness complained of was as a direct result of the defective product.
For children who have suffered injury or illness, you can claim on their behalf at any time until they turn 18, at which point it becomes their responsibility and they have the same three-year time limit, meaning they must claim before they turn 21.
Exceptions to this time limit are extended to those who lack the mental capacity to make legal decisions, or for those who sustained certain injuries abroad. You should speak to one of our solicitors to get a detailed breakdown of your options if this applies to you.
Depending on the circumstances of the illness or injury and the product involved, you may be able to claim compensation against the manufacturer under the Consumer Protection Act 1987. Speaking to one of our team of specialists will help you establish whether there are prospects of a successful claim in conjunction with the Consumer Protection Act 1987.
You may be able to claim compensation on behalf of a loved one who died due to a defective medical product. You will need to make a fatal accident claim and should speak to one of our fatal accident claims solicitors for more information.