Medical Products & Procedures Explained
Medical devices can be anything that helps to diagnose, prevent, monitor or treat a medical condition. Sometimes they can be defective and this can result in serious injury or even death.
There is a recognized responsibility of manufacturers to produce and market devices that are safe for use by consumers. Medical devices must also be approved by the Devices sector of the Medicines and Healthcare products Regulatory Authority (MHRA) before being sold to the public. However, despite these safeguards even approved devices can sometimes cause harmful side effects.
Companies that design, manufacture and sell medical devices may be held liable for any adverse effects caused by their product. Amongst other things they can be liable for non-adequate testing of a device or for failing to provide clear and comprehensive instructions for the use or installment of a device.
Liability is strict, meaning that if a device is not as safe as consumers are generally entitled to expect, then the manufacturer is responsible whether or not they acted negligently.
Proving the liability of a pharmaceutical company or other medical product manufacturer can involve exhaustive forensic research. The recovery of compensation also depends on the difficult task of proving the extent of injuries sustained, often over many years. T
he long term supply of a pharmaceutical product, for example, may be deemed to be either defective or negligent for only a short period of time, and this supply must then be linked to the injuries caused. Also, the product knowledge of the manufacturer may have to be balanced against the knowledge of a prescribing doctor.
In these complex actions, medical and scientific experts are called upon to establish any link between the product and the damage caused. IM has an established reputation for effective representation of claimants in this field and has a clear vision of the legal complexities of litigation on this scale.
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