Defective medical device claims

Medical products undergo rigorous testing before being used on or by patients, but sometimes faults can be overlooked, or develop after the initial testing, leading to devastating impacts on patients. If you or a loved one has suffered an injury or had an existing condition worsened due to a defective medical product, our team of specialist lawyers can help you claim compensation. Our experienced lawyers specialise in defective medical device cases, such as defective cochlear implants, faulty defibrillators, faulty orthopaedic implants (including knee and hip replacements), and defective drugs and drug delivery devices.

What are defective medical device claims?

Defective medical device claims occur when a person is harmed by a faulty medical device such as implants, pacemakers or prosthetics.

Despite rigorous testing, these devices can have flaws that cause harm to patients. Legal claims for compensation can be made against the manufacturer or distributor. Seeking legal advice is important due to the complexity of these claims.

Who will a defective medical device claim be against?

A defective medical device claim can be against the manufacturer, distributor, supplier, or any other parties involved in the product’s development and distribution. The specific parties involved in the claim will depend on the circumstances of the case, such as the type of device, the defect, and where it occurred in the supply chain. Our experienced medical negligence lawyers at Thomson Snell & Passmore can help determine the appropriate parties to bring the claim against.

What will happen when I make a defective medical device claim?

After contacting Thomson Snell & Passmore we will arrange a free initial consultation to discuss whether there is a legal claim and what funding options are available. We usually act on a ‘no win no fee’ agreement.

We will undertake a forensic investigation into what happened to you, using your account of events, and your medical records and radiological imaging. Medical experts may be involved at an early stage to consider the treatment you received and the nature of the product defect to advise us on the case merits, and the outcome that would have been achieved without the defective medical device. Following this initial investigation we can then advise you on the strength of your case, and give detailed advice on the next steps, which usually starts with preparing a formal letter of allegations to the relevant defendant.

How our clinical negligence solicitors can help with a defective medical device compensation claim

We have one of the longest established and experienced clinical negligence teams in the country. Our medical negligence lawyers have a reputation for winning complex medical negligence cases and we have helped thousands of people claim compensation. The size of our clinical negligence team, and our breadth of our knowledge, means we are likely to have already succeeded in recovering compensation in a defective medical device claim that is similar in nature to yours.

• Our overriding aim is to protect your interests and achieve the most advantageous outcome for the long term
• We will make sure your case is fully investigated
• We will focus on your individual requirements. Giving a personal service and acting with sensitivity are important to us
• We will create a team of specialist independent medical experts and a barrister with expertise in dealing with cases similar to your case
• We will make things as easy as possible and guide you through each stage of the process
• We can help you find out why the medical device failed you and ensure that the same thing does not happen to somebody else.

Our accreditations

Our team has long been recognised and highly ranked by two of the most prestigious, independent guides to the legal profession ‘Chambers UK’ and ‘The Legal 500’.

We are also members of the Association of Personal Injury Lawyers and affiliated to Action against Medical Accidents.

A number of your team members have individual accreditations and recognition in the legal directories which you can view on their profiles.

Free initial consultation

Contact one of our team of specialist lawyers for a free, no obligation consultation. We will listen to the circumstances of your medical treatment and give you clear advice on the chances of your receiving compensation in a clinical negligence claim. If we think you have a claim, we can investigate your case using the financial security of a ‘no win no fee’ agreement.

Call us or fill in our short enquiry form and we will assess your potential claim.

We are highly ranked by two of the most prestigious, independent guides to the legal profession ‘Chambers UK’ and ‘The Legal 500’.