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Medical Negligence Claims

Defective Medical Device Claims

Medical products go through extremely rigorous testing before they reach a human patient, with the process sometimes taking years. But even with such strict standards and tests, some defective devices do slip through the net.

If you or a loved one have been injured, or had an existing condition made worse, because of a defective medical product then our solicitors could help you claim compensation. Our experienced defective medical device lawyers have helped people claim compensation for injuries caused by:

Our long-standing experience with medical device product liability cases means we are expertly placed to provide all of the help and support you need when making a claim for compensation. We aim to make the entire process as simple as possible for you, and will help you access medical care and rehabilitation as part of our service.

If you have any questions about claiming compensation for an injury caused by a defective medical product, call us today on 0800 121 6567 for a free initial consultation about your case, or contact us online and we'll get back to you. We'll discuss your situation with you, and give you our expert advice on your options.

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Defective Medical Device Claims - More Information
    • How Much Can I Claim?
    • How much compensation you receive for an injury caused by a defective medical product will depend on various factors related to your injury, its circumstances, and the support and rehabilitation you need.

      The amount of compensation you could claim will depend on many factors, including:

      • Current and future loss of earnings from being unable to return to work
      • Medical and travel expenses you've had to pay
      • Your care and support needs – both now and in the future
      • Whether you need modifications to your home
      • Whether you need mobility aids or specialist equipment
      • Your pain and suffering, and the nature of any ongoing problems you have

      For more information, call us on 0800 121 6567 and we'll be happy to discuss your options in a free initial consultation.

    • What's The Claims Process?
    • To make a compensation claim for an injury or illness caused by a defective medical product, the first thing you need to do is get in touch with us for a free consultation. We'll discuss what's happened to you, advise you on whether or not we think you can claim, and work out whether you could benefit from a No Win No Fee* arrangement.

      If you do decide to make a claim with us, we'll usually follow the same three stages:

        1. Investigation. We'll begin by determining the extent of your injury or illness, and any losses that you may experience as a result. This may involve an examination carried out by a medical expert.
        2. Compensation. We'll work out how much compensation you should get based on the severity of your injuries, your pain and suffering, any medical expenses you've had, and your ability to get back to work. We'll put this amount to your opponent, and they can either accept or contest your claim.
        3. Conclusion. If your opponent accepts liability, you'll be awarded compensation. If not, court proceedings will begin.

          Starting proceedings doesn't mean that your claim will definitely go to trial. Instead, it means that the court will put a timetable in place and manage your claim towards trial. There is still the possibility for your opponent to settle.  If you do have to go to court, we'll be there to support you every step of the way. If we agreed to handle your claim under a No Win No Fee* arrangement, then you won't have to pay anything if you are unsuccessful.

      If you have any questions about the claims process, please contact us today on 0800 121 6567.

    • Can I Make A No Win No Fee* Claim?
    • Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

      At the start of your case, we’ll discuss funding options with you, advising you which we think is the most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household insurance policies, so it’s always worth checking whether you’re already covered.

      If we think you’re best supported by a No Win No Fee agreement, we’ll explain the process clearly. This involves setting up an insurance policy that will protect you, at no cost to you. You’ll only have to pay anything when your claim is successful – your opponent will pay most of our fees.

      Please visit our No Win No Fee page for more information on how it works.

    • What Is A Group Claim, And What Are The Benefits?
    • When an entire line of medical products is defective, many people may suffer injuries as a result. In these situations, it is possible to make a group claim to ensure you and your fellow victims are fully and fairly compensated for your trauma.

      In some cases a group action may be appropriate way for the court to manage a number of similar claims together without having a trial of each individual claim. Group actions can help people to share legal expertise as well as the cost by working together, to try and maximise the chances of being fully and fairly compensated for your trauma.

      We have extensive experience in pursuing group actions relating to many different types of claim, including for defective products, drugs and medical devices.

      The expertise and results achieved for our clients means that Irwin Mitchell is the most highly ranked personal injury firm in the UK by two independent leading legal reviews.

      If you're unsure about whether making a group claim is right for you, it's best to seek some advice. Contact us and we'll be able to advise you on the options.

Meeting manufacturing specifications is a must for companies producing medical devices, especially those designed to be implanted within the body. People are entitled to expect the highest levels of safety.”

Tim Annett, Partner
Defective Products

Frequently Asked Questions

Who Can Make A Defective Medical Device Claim?

If you've been injured, or had a condition made worse because of a defective medical device, then you could be able to claim compensation. You usually have three years from the date of injury to make a compensation claim. Claims arising from defective products also have to be brought within 10 years of the product going into circulation, so it is important to seek legal advice on this.

You can also claim compensation on behalf of a loved one in a number of circumstances, including:

  • Your child, provided they are still under 18
  • A relative who is unable to make their own legal decisions, due to a medical condition or impairment
  • If a loved one has died

If you are claiming on behalf of a child, or if you are claiming for something that happened while you were a child, you have until your 21st birthday to make a claim (subject to the 10 year time limit).

We've handled claims for people who have suffered as a result of a number of different kinds of medical devices, including:

  • Heart valves
  • Implants
  • Contraceptive devices and birth control
  • Chemical treatments
  • Orthopaedic treatments, such as knee implants and metal-on-metal hip replacements
  • Faulty defibrillators and ICDs

If you're not sure whether or not you'll be able to make a claim, it's best to seek some advice from the experts. Call us today on 0800 121 6567, or contact us online, for a free initial consultation about your case.

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What's The Definition Of A Defective Medical Device?

With a clear responsibility to patients, manufacturers of medical products, drugs and medicines have a legal duty to ensure their products are safe for human use.

If a product doesn't provide the level of safety people are entitled to expect, it may be classed as defective.

The issues caused by defective medicines and devices can be life-altering, causing long-term medical issues, or turning existing problems into debilitating conditions. If you're not sure whether a medication or device that has caused you injury or illness could be classed as defective, get in touch with us on 0800 121 6567, or contact us online, and we'll be able to offer our advice.

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Why Choose Irwin Mitchell For A Defective Medical Device Claim?

Our medical negligence and product liability solicitors have worked with victims of defective medical products for many years, and we understand the pain and suffering that a defective medical product can cause.

We also understand that it can be difficult to know who is to blame and who ought to be held accountable for your illness or injury. In these situations, it helps to have the experts on your side – if you've suffered because of a defective medical device or medication, we'll work tirelessly to make sure you receive all of the support, advice and care you need while we help you claim the compensation you deserve.

Helping our clients access medical care and support where needed is as important to us as pursuing financial compensation. This support is essential for adapting to life after an injury, and our approach has seen us win Post Magazine’s Rehabilitation Award for Claimant Solicitors on seven occasions.

Our extensive experience has seen us handle a diverse range of defective medical device claims, including:

  • Compensation for a man who received a faulty knee implant which meant his leg had to be amputated. The prosthetic implant failed prematurely after just three and a half years, causing complications for someone who had already been through a great deal of pain and suffering – find out more about his claim.
  • A settlement of £11,000 for a man who was given a defective catheter that caused serious injury during removal. We investigated the case, and the manufacturer admitted that the catheter was faulty – find out more about this claim.

We are also in the process of helping a number of clients make claims, both as individuals and as part of a group claim. These include many people who have received metal-on-metal hip replacements made by DePuy – find out more about one of our De Puy hip replacement claims.

If you have any questions about making a claim, or how we can help, then please don't hesitate to give us a call today on 0800 121 6567, or contact us online, for a free initial consultation on your case. We're here to help.

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We campaign for patient safety and justice.

As well as securing compensation and rehabilitation for our clients, we also campaign for improvements in patient safety by supporting Action against Medical Accidents (AvMA). This UK charity provides advice and support to people who have suffered because of lapses in patient safety, working in partnership with health professionals, the government and the NHS to ensure that safety guidelines are followed.

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