Defective Medical Device Claims
Defective medical device claims include metal-on-metal hip replacements, knee replacements, faulty defibrillators and pacemakers, defective surgical mesh, PIP breast implants, etc. Claims can arise where such devices fall below an acceptable standard and complications arise for patients.
What are defective Medical Devices?
The use of medical devices has become relatively common and is used most regularly for hip joint or knee replacements, heart monitoring devices, cosmetic implants, and surgical mesh. Medical devices are generally tested rigorously before use in surgery to ensure their effectiveness and safety. Unfortunately, sometimes the medical devices used fall below an acceptable standard and cause complications for patients. This has become more evident in recent years, particularly considering the recent scandals concerning defective surgical mesh and PIP breast implants.
How Can We Help?
Given the serious consequences of being treated with a defective medical device, manufacturers and healthcare providers must ensure that products are safe before using them on patients. If they fail to do this and a patient suffers loss and damage, then they can claim compensation.
Our product liability and medical negligence solicitors in Belfast, Dungannon & Dublin will advise you on the most appropriate course of action. This may involve suing the product manufacturer for creating a defective product or the healthcare provider for failing to fit the device correctly or failing to adequately warn the patient of the potential risks associated with the device. In some cases, it will be necessary to sue both the manufacturer and the healthcare provider as fault may lie with both.
How much compensation will I receive from a successful defective medical device claim?
The compensation you can expect for a successful defective medical device claim can vary widely depending on several factors. These factors include the severity of your injuries or damages, the specific circumstances of your case, the strength of your evidence, the jurisdiction in which you file your claim, and the nature of the defective medical device involved.
If you speak to us about your case, we will be able to give you an initial idea of the range of compensation that is generally awarded for the type of complications you have sustained.
How can I finance a defective medical device claim against a manufacturer or healthcare provider?
We know that funding a compensation claim might be a worry, so we offer a range of options.
Legal Aid · Legal expenses cover
After the Event insurance (ATE insurance)
What is the time limit for bringing a defective medical device claim?
For an adult, there is a three-year time limit for bringing a medical negligence claim. This is known as the limitation period. It runs either from the date of the negligent incident or the date that you became aware of the injury you suffered.
In the case of a child, the three-year time limit runs from the date of their 18th birthday.
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