Product Liability Claims

Home Services Medical Negligence & Personal Injury Product Liability Claims

If a medical product is defective and this has caused injury then there may be a legal claim for compensation.

Examples of medical products which can be defective include cochlear implants (a type of implant fitted surgically to assist with hearing loss), defibrillators (a device to help with heart problems), prosthetic limbs and the components of knee and hip replacements. If these are faulty the replacement can fail and further injury can be caused. See our knee and hip surgery pages for more information.

Claims may also be made for defective medicines.

A defective product claim is usually made against the manufacturer of the faulty product, the organisation that provided this, or both.

Patients are often made aware of product liability issues when they are alerted by a previously treating surgeon or hospital. The MHRA (Medicines and Healthcare products Regulatory Agency) issue alerts and field safety notices which can then be passed on to patients.

Product Liability Compensation

The amount of compensation that can be obtained will depend upon the injury caused by the faulty product but will usually include sums for any future treatment, care or aids and equipment required as well as sums for pain and suffering and to cover financial losses such as lost earnings.

If you or a family member is concerned about injury from a defective product, please contact us to discuss how we can help.

Your claim - why us?

Your case will be investigated by our specialist lawyers, led by a partner. We gather all the relevant evidence and work closely with leading experts to assess the strength of a claim. We will then work with you to assess the compensation that can be claimed.

Our lawyers are recognised by the Legal 500 and Chambers directories as specialists in clinical negligence cases. Our team includes lawyers with specialist clinical negligence accreditations from Action against Medical Accidents (AvMA) and the Law Society.

Frequently Asked Questions

Is there a time limit for bringing a defective product claim?

The usual rule is that you have three years from the date that the defective product was inserted to bring a claim, or three years from the date upon which you became aware that you may be suffering as a result of the product. However, there are exceptions to this and we advise that you seek advice from a solicitor as soon as possible. Under the Consumer Protection Act there is a longstop period such that claims for defective products cannot be brought after 10 years from the date upon which the product was first put into circulation.

Can I bring a claim on behalf of a child or a family member who is not able to do it themselves?

If a claim relates to injuries suffered by a child or an adult who does not have ‘mental capacity’; a family member (or other trusted person) can act as a ‘Litigation Friend’ and bring the claim on their behalf.

If you are unsure about whether you can bring a claim on someone else’s behalf, we will be able to advise you.

What is the process for bringing a claim?

We start by obtaining evidence such as medical records, accident reports, witness statements, and expert evidence to prove that your injury was caused by negligence.

We also calculate the amount of compensation that can be claimed. Typically this involves instructing experienced experts to advise on the injured person’s needs, in order to maximise the level of compensation. We then try to reach a financial settlement with the Defendant (the individual or organisation legally responsible for the injury) or their insurer.

In some cases settlement is agreed at an early stage. In other circumstances, it may be necessary to begin Court proceedings.

For further information on this process, read our Guide to Making a Claim.

Can claims be brought in relation to private and NHS medical treatment?

Yes. Where treatment was provided through the NHS, the claim is usually brought against the responsible NHS organisation (such as the Hospital Trust or Primary Care Trust).

Where the treatment was privately funded, the claim is often brought directly against the private hospital, or the private medical practitioner, that provided the treatment. Hospitals and private practitioners are typically insured or indemnified for negligence claims.

Will my case be decided by the Court?

Probably not. The vast majority of personal injury and medical negligence claims are not decided by the Court.

Successful claims are usually resolved by agreement of a settlement either before or during formal Court proceedings.

Occasionally, the Court will decide a case, if it cannot be resolved any other way.

Can I make a 'no win, no fee' product liability claim?

Conditional Fee Agreements (known as ‘no win, no fee’ agreements) are the most common way that the medical negligence claims we undertake are funded. This gives clients the reassurance that they will not usually have to pay any legal costs in the event that they are not successful with a claim. We will explain all possible funding options with prospective clients including Legal Aid (only available in limited circumstances) and insurance policies in addition to ‘no win, no fee’ agreements.

Please see our page on How are claims funded?