Defective Medical Products

Compassion and insight for defective medical products claims

Discovering that a medical product you trusted turned out to be defective can be emotionally and physically devastating and you might be considering making a defective medical products claim. At Gibson & Associates LLP, we understand how difficult it can be to deal with the consequences of a defective medical product. Our experienced team is committed to providing you with tailored legal advice about your options and helping you navigate a claim. Reach out to us today for a confidential discussion about your situation.

What is a defective medical product?

Defective medical products refer to any medical devices, drugs, or equipment that fail to perform as intended or pose a risk to patients’ health and safety. These products may range from simple items like bandages to complex devices such as pacemakers or prosthetic joints. A medical product can be considered defective as a result of:

Design Defects: An inherent flaw in the design of the product, making it unsafe for its intended use. Even if the product is manufactured and used correctly, it is defective if it still poses risks to patients.

Manufacturing Defects: These originate in the production process, resulting in individual products or batches that deviate from the intended design. These defects can lead to malfunctions or failures that endanger patients.

Labelling or Instruction Defects: When labelling or instructions accompanying a medical product are insufficient or misleading, it can result in improper use or administration of the product.

Failure to Warn: Manufacturers have a duty to warn patients about any risks associated with the proper use of their products. If a manufacturer fails to provide adequate warnings about potential dangers, they may be liable for injuries that result.

Defective medical products can cause a wide range of injuries and health complications for patients, ranging from minor discomfort to severe disabilities or even death. If you have been affected by a defective medical product, you could be eligible to make a claim for financial compensation for your medical expenses, lost wages, pain and suffering, and other damages.

Talk to our trusted medical negligence solicitors today to find out more.

Who oversees medical devices in Ireland?

The authority in charge of regulating medical products in Ireland is the Health Products Regulatory Authority (HPRA). It is responsible for ensuring the safety, effectiveness, and quality of pharmaceuticals, medical devices, and other health products.

Importantly, it aims to ensure that medical products in Ireland comply with strict standards. For example, the European Medical Device Directives which mandates medical devices must carry the CE mark to be considered efficient and safe for use.

How to Make a Claim for Defective Medical Product Negligence

The Liability for Defective Products Act 1991 is responsible for governing claims for negligence due to a defective medical product. Unlike medical negligence or personal injury claims, you have up to three years to make a claim for defective product negligence. However, liability expires once the defective medical product has been in circulation for a decade or more (i.e., from the time it was first sold to a consumer).

When making a claim for a defective medical product, you will need to demonstrate your injury was caused by the defective medical product. There is no requirement to provide specific evidence regarding the nature of the defect; the focus lies primarily on establishing the link between the defective medical product and the injury you have suffered.

Frequently Asked Questions about Defective Medical Product Negligence

Is there a time limit on making a claim?

Under the Liability for Defective Products Act 1991 you have three years to make a claim for financial compensation for a defective medical product, unless the product has been in circulation on the market for ten years or more, at which point liability expires and you can no longer bring a claim for compensation.

What will compensation cover?

Compensation for a defective medical product can take into account the pain and suffering you have endured, and any expenses you might have incurred such as medical treatments and future medical needs to aid your recovery. Additionally, compensation may account for lost wages and potential future earnings if the injury has affected your ability to work.

How do I access my medical records?

A copy of your medical records can be requested from the hospital, clinic, or medical professional that treated you under the Freedom of Information Act. Alternatively, we can arrange to obtain a copy of your records on your behalf; to do so, you will need to sign an authority form that gives us permission to obtain your records.

About Gibson & Associates LLP

Taking the stress out of your defective medical product claim

Gibson & Associates LLP is passionate about advocating for the rights of patients who have been harmed due to the negligence or misconduct of medical product designers, manufacturers or distributors.

We help our clients navigate the legal process, taking the stress and anxiety out of making a claim and making it as straightforward as possible. We recognise that no two cases are the same, and we pride ourselves on tailoring our advice to suit each individual case to achieve the best possible outcome.

For a confidential discussion about making a claim for financial compensation as a result of a defective medical product, please don’t hesitate to contact us today at 01 264 5555.