MEDICAL PRODUCT LIABILITY LAW

Consumers in the United Kingdom are protected by national medical product liability law and European Community legislation. It used to be the case that a solicitor had to prove that a manufacturer had behaved negligently in order to win a claim however the law has now changed and a solicitor needs only to show that a consumer or user of a medical product was injured by ‘normal usage’. This is significantly simpler than proving that a manufacturer was negligent at some point in the past. Explaining the technicalities involved in medical product liability law is not a simple task but our lawyers have significant experience and operate a jargon-free policy so that everything is explained in plain English.

SOLICITORS HELPLINE 0844 332 0514

Defective Products

Medical product liability law stipulates that there are four areas under which a company can be held to account regarding a defective medical product.

1. Defective Design refers to the chemical composition of drugs and the design aspects of a physical piece of machinery or bio-medical device. There must be an inherent danger in the device for it to be considered defective on a design basis.

2. Defective Warnings refers to an inadequate set of warning labels and alerts actually appended to or delivered with the device or product. In the case of pharmaceutical drugs, one drug may conflict with another drug and taking both at once can result in serious injury or death. If a product doesn’t carry the relevant warning or contra indication then a consumer who has been prescribed the drug may not be fully aware of the danger of mixing it with another medication they are already taking. For medical devices, warnings are needed if there are specific situations in which the device might fail, such as when operating in temperature extremes.

3. Defective Manufacture governs the straight forward production of a medical product or bio medical device which must be to an acceptable standard, of reasonable quality and fit for the purpose.

4. Negligent Surveillance refers to the steps a producer must take if they discover a problem after having sold a product. They must inform the relevant parties immediately and take steps to prevent any accidents. Failure to do so amounts to actionable negligence.

SOLICITORS HELPLINE 0844 332 0514

Personal Injury Solicitors

Our team consists of specialist personal injury solicitors who are experienced in medical product liability law together with medical consultants and forensic expert witnesses who investigate the product in question. Our lawyers utilise the no win no fee scheme and you do not have to pay anything to make your claim. Our lawyers are members of the Solicitors Regulation Authority panel of personal injury experts and are also recognised by the Association of Personal Injury Lawyers. If you would like free legal advice just complete the contact form or use the helpline and a solicitor will speak to you with no further obligation.