Wednesday, March 20, 2013

Types of Defective Medical Product Liability Claims


Brought to you by our friends at Pryers Solicitors

A “medical product” is a very generalised term for a medical device or product that is used to either serve a medical purpose or a cosmetic purpose, for example, a hip replacement joint or a silicone breast implant. If the medical product is defective in any way, the patient could make a claim for compensation. Some of the different types of medical product liability claims are listed below.

For a medical product to be defective, and for a patient to be able to make a claim, the product has to fall into one of three categories:

  • manufactured defectively
  • designed defectively
  • marketed defectively

Similar claims could arise from products that have been put into the patient incorrectly, but these claims will be against the medical practitioner, rather than the medical product.

Products that are manufactured defectively

Products that are manufactured defectively could have become defective at any point between the medical factory and the place where the patient received the medical product. The product might have been manufactured incorrectly, but it could also have been damaged in transit or en-route to the hospital, or while at the hospital while the patient is waiting for the product to be fitted. In this situation, the patient must be able to prove that the product was manufactured in a defective way or that it became defective before being fitted.

Products that have been designed defectively

In this case, the product has generally been manufactured correctly and to the correct standard, but there may be a fundamental flaw in the design of the product that makes it unreasonably dangerous. For example, a medical product might have been on the market for a long time, but the patient starts to experience problems with the product after a certain length of time. If the patient can prove that the manufacturer knew about the design flaw but failed to notify patients or that they failed to take it off the market despite knowing of the flaw and any potential side effects, such as illness or injury, the patient may be able to claim compensation.

Products that have been marketed defectively

Defective marketing of a product can be anything from defective marketing by the manufacturers of the product, to defective marketing by any potential defendant in the case. That means anyone who recommends the product for use. For example, if a doctor within a hospital recommends a certain medical product to a patient without discussing all of the pros and cons or any alternative products, the patient may be able to make a claim.

If you have any questions about medical product liability, or making a claim, speak to a product liability solicitor like http://www.pryers-solicitors.co.uk/.

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