What is a Defective Product?
As part of some medical treatments, patients can be fitted with devices that have been designed to improve a pre-existing medical condition. These devices undergo a lengthy testing process before they will be considered safe for use. Most devices never give us cause for concern; however, there have been occasions where products have later been found to be unsafe for use, or in individual cases, a particular device may have been faulty.
There is a huge range of products that are fitted for medical purposes. Listed below are some examples, but the list is not exhaustive: –
- Joint Replacements
- Breast Implants
- Pacemakers
- Cochlear Implants
Can I bring a claim?
If you believe that you have been injured as a result of a faulty device, you may be able to make a product liability claim. The claim is made against the manufacturer of the product, or the healthcare provider that fitted you with the device.
We appreciate that as well as physical harm, these experiences can also cause emotional distress. We are able to take both of these effects into consideration.
Product liability claims are difficult claims, as we must prove that the product was either designed or manufactured in a way that was defective. Usually these claims therefore fall into group actions, whereby a number of patients that have suffered as a result of a specific device, will all make their individual claims as a group.
How long do I have to bring a claim?
In most medical negligence claims, you have a period of 3 years from the date of alleged negligence, or the date you became aware of the alleged negligence, to commence legal proceedings. In cases involving defective products, this would usually be when the patient has been advised that the device is faulty.
However, defective product claims are also subject to another time constraint. We also have to consider the 10 year long stop date, which means that a claim can only be brought within 10 years from the date that the product was first manufactured. If you are aware of a problem with a device after the long stop date, even if you are still within the 3 year limit for clinical negligence, you still cannot bring a claim.
If you believe that you may have a claim, please contact our medical negligence team, who will be able to assist.
Call 0333 3580 393 or email