Yesterday (1 December 2022) Novum Law specialist asbestos solicitors Rebecca Ryan and Alison Sayers attended the 2022 Mesothelioma Essential Update. This was the first such event, held jointly by the...Read more
Defective medical products and defective prescriptions can worsen existing conditions, causing unnecessary pain and suffering.
If you’ve been harmed because of a defective medical product or a defective prescription, then you may be able to claim compensation.
Our specialist medical negligence solicitors are experts in helping people claim maximum compensation for injuries and illnesses caused by defective medical products and defective prescriptions. They have helped many clients secure damages against those responsible for serious issues involving:
- Faulty defibrillators
- Contaminated medicines
- Malfunctioning knee replacements
- Faulty hip replacements
- Defective heart valves
- Faulty implants
- Malfunctioning contraceptive devices
What is a defective medical product or prescription?
A medical product or prescription – such as a defibrillator or diabetes medication – may be classed as defective when:
- it is improperly manufactured
- it has dangerous side effects
- it does not provide sufficient or appropriate instructions for use
Medical products and medications go through rigorous testing before they are able to be used on patients. Most perform well, improving symptoms and saving lives. However, issues can occur during the manufacturing process and defective products can slip through the net. If you think you have sustained an injury or your condition has worsened due to a faulty medical product or prescription, our team of specialist medical negligence lawyers will be able to advise you on how to secure compensation.
Who is responsible for my illness or injury?
Manufacturers and distributors of medical products and prescription drugs have a legal responsibility to ensure their products are safe for human use. If a drug fails to work because of a manufacturing defect, you may be able to make a claim against the manufacturer.
Healthcare professionals also have a duty of care to make sure the prescriptions they dispense are safe and appropriate for patients. If they prescribe you the wrong drugs or if you have experienced any unexpected negative side effects, you may be able to make a claim. You may be able to make a claim even if you were taking part in a medical trial. Defective prescription claims can be complicated, as many drugs produce side effects even when they are working properly. Our specialist team have the experience and understanding of these types of cases to determine whether you could make a claim for suffering caused by unexpected side effects.
Our clients receive a bespoke level of care from their solicitors. Our team offers home visits and can also provide guidance on accessing helpful services such as rehabilitation centres and support groups. We have close ties with a number of these organisations, and take pride in supporting our clients beyond the course of their compensation claim. Your solicitor will talk you through every step of the compensation process, ensuring it is a streamlined as possible. We also understand that many clients have financial concerns because of their illness or injury, which is why we offer No Win No Fee funding, to ensure there are no unexpected costs during your claim.
Frequently Asked Questions
Yes. The general rule is that you have three years from the date when you realised your injury or illness may have been caused by a defective medical product or prescription.
In certain circumstances, it may be possible to bring a claim under the Consumer Protection Act 1987 as well as or instead of a claim in negligence. In these circumstances, any claim pursued under the Consumer Protection Act must be brought within 10 years of the product is available for patient use, so it is important to seek specialist legal advice on this.
If you are claiming on behalf of a child, you can claim at any time until the child turns 18. When the child turns 18, they can bring a claim in their own right but the three-year time limit will then apply and they will have until they are 21 to do so.
There are exceptions to the time limits rule. For example, there is no time limit for people who don’t have the mental capacity to make legal decisions and different time limits apply for some injuries or illnesses sustained abroad.
Time can be a critical factor in compensation claims, so it’s important to get in touch with our specialist medical negligence team as soon as possible for expert advice.
The compensation you receive depends on the severity of your injuries and the impact on your life. Severe, life-changing injuries will involve more compensation to cover medical bills, rehabilitation, care and support, adaptations to the home and loss of earnings and pension.
Starting a defective medical products compensation claim is straightforward. To begin your claim, contact us on Freephone 0800 884 0777 or online for a free, no obligation chat. Click here to learn more about our team and the high level of expertise in your area of injury.
After an initial consultation phone call, your specialist solicitor will come to visit you in your home – or a location at your convenience – to discuss the details of your claim. This will include information such as how your injuries occurred and the impact that your injuries have on your day-to-day life, so they can understand your needs and advise you on the compensation you may be able to claim.
Our legal expert will also use this as an opportunity to talk you through the process of making a claim and to explain your funding options and any relevant paperwork for making your claim.
From that point on, your solicitor will pursue your claim on your behalf. The next step will be to contact the defendant’s insurers and to start gathering evidence to support your claim, liaising with medical experts and healthcare providers to access your records. Your solicitor will keep you updated as your claim progresses and at every step of the process.
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If you have a question that is not listed above, please visit our FAQs page. Alternatively, please call our specialist team on Freephone 0800 884 0777 or contact us online for a free, no-obligation chat.