Defective medical product claim

The term medical device refers to just about any device used by medical practitioners to treat, diagnose, preventing or monitoring of an illness or disability. This term excludes medicines.

Product liability claims for medical devices

A dangerous or defective medical device can give rise to a product liability claim if a person who undergoes surgery or uses it, is injured or dies as a result.

There are a range of products which fall under the meaning of a medical device and these include:

  • Dressings
  • Tubing
  • Syringes
  • Implants
  • Infusion pumps
  • Heart valves
  • Surgical instruments
  • Resuscitators
  • Radiotherapy machines, wheelchairs, walking frames or other assistive technology products

When is a medical device defective?

A device is defective if it is defectively manufactured, has a defective design or defectively marketed. A defectively manufactured medical device can be created as a result of an error at the manufacturing facility, a shipping problem, or an error that occurs at the hospital or doctor’s office.A defective design on the other hand is a device which was properly manufactured but has a dangerous design that results in injury.

The marketing of a device refers to any recommendation, warning (or lack of warning), or instruction concerning the use of that medical device by a potential defendant. This advice can be given by the manufacturer, doctor, hospital or any other medical provider.    

Our specialist team of lawyers have significant experience with dealing with this complex area of law, having successfully representing individuals and large groups of people in bringing product liability claims against manufacturers, importers and suppliers.

 

Thank you again for everything, I am so happy that I can finally look towards the future and start drawing a line under the accident and putting it in the past where it belongs...I don't think I've felt this happy in ages, it's like a massive weight has been lifted from my shoulders just knowing that it's all done.

Miss M, London 

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