Have You Been Harmed by Defective Medical Products or Device?
If you or a loved one has been harmed by a defective medical products or drugs, you deserve clarity, support, and justice. At Gibson & Associates LLP, our experienced solicitors are here to guide you through the process with compassion and transparency.
What is a Defective Medical Product?
Defective medical products are any drug, device, or medical equipment that fails to work safely or as intended. These products can cause physical, emotional, and financial harm.
Common examples include:
- Pacemakers, implants, or prosthetics
- Surgical mesh or joint replacements
- Faulty diagnostic tools or stents
- Medications with harmful or undisclosed side effects
Discuss Your Case With Our Medical Negligence Solicitors
Speak to our legal team now about your case. Call us
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+353 (0)1 264 5555
How do Defective Medical Products cases occur?
- Design flaws – inherent faults in the blueprint
- Manufacturing errors – mistakes during production
- Labelling or instruction issues – misleading or incomplete guidance
- Failure to warn – insufficient safety warnings
Medical Negligence Claims
Cosmetic Surgery Claims
- Cosmetic Surgery Claims
- Blepharoplasty Claims
- Rhinoplasty Claims
- Liposuction Error Claims
- Gastric Band Surgery
Medical Care and Surgery Claims
- Hospital Negligence Claims
- GP Negligence Claims
- Dental Negligence Claims
- Prescription Errors
- Retained Surgical Instruments Claims
- Breast Surgery Claims
Birth & Gynaecological Claims
- Birth Injury Claims
- Cerebral Palsy Claims
- Erb’s Palsy Disorder Claims
- Gynaecological Injury Claims
- Obstetric Injury Claims
- Forceps Injury Claims
- Perineal Tear Injury Claims
Oncology Claims
- Cancer Misdiagnosis Claims
- Breast Cancer
- Hepatitis C Claims
How We Work: Step By Step Process
A medical negligence claim typically moves through investigation, expert assessment, pre‑litigation steps and then, if not resolved, formal court proceedings and potential trial. In Ireland these claims usually bypass PIAB and issue directly in the courts due to their complexity.
1. Initial investigation
- Take a detailed history of treatment, symptoms, and alleged failings, and identify potential defendants (GP, consultant, hospital, HSE, private clinic).
- Obtain and review all relevant medical records, imaging and test results, along with any prior complaints or correspondence.
2. Expert opinion and case assessment
- Instruct an appropriately qualified independent medical expert to address both negligence (substandard care) and causation (did that substandard care cause the injury).
- Only if a supportive expert report is obtained will a solicitor typically advise proceeding with a medical negligence claim.
3. Pre‑action steps
- Send a detailed letter of claim to the practitioner/hospital/HSE, setting out the alleged negligence, injuries, and inviting proposals to settle; protocols increasingly encourage early disclosure and ADR.
- Allow time for a reasoned response (admissions/denials, records and possibly expert reports) and explore negotiation or mediation where appropriate.
4. Issuing proceedings
- Draft and issue a Personal Injuries Summons (or equivalent originating document), usually in the High Court, pleading the factual narrative, alleged breaches, causation and loss, supported by the expert opinion.
- Serve proceedings on the defendants, who will enter an Appearance and Defence, often accompanied by their own expert reports; further condition and prognosis reports may be obtained as the case progresses.
5. Case management, resolution or trial
- Engage in discovery, exchange of witness and expert reports, and attend case‑management or clinical negligence list reviews, with ongoing settlement discussions or ADR.
- If not resolved, proceed to trial where the judge assesses expert and lay evidence on breach, causation and quantum, and awards or dismisses the claim; limitation is generally two years from the date of injury or knowledge, subject to special rules for minors.
Because your story matters-just like theirs ..
I am writing this review as an absolute necessity as I cannot let the work done by Gibson and associates to go by without acknowledgement. I would recommend this firm to anybody in need of legal assistance.
I want to single out Ms Anna O Donoghue for a special thank you for exceptional knowledge and the professionalism needed for the complexity of these cases that we brought to Gibson and associates, Thank you Anna, we would have been lost without you.
Also a massive thank you to our amazing barrister Mr John Kerr BL, unbelievable professionalism honesty and knowledge and a great result for us . Thank you all for the hard work you all did for us Sinead Ivory and the team at Gibson and associates.
Michael Waters
Always kept me updated throughout the case and very happy with their work .
Keith Ahern
Gibson & Assoiciates are pleasure to deal with, they where very helpful from the start and provided great communication all the way through my case and where always available when I needed them, especially Jessica who always found the time to provide me with updates. 5 star service!
Joe
JJakub Babiarz
What Can Go Wrong with Medical Products?
- Devices failing earlier than expected
- Contaminated packaging or poor sterilisation
- Unclear user guidance causing misuse
- Dangerous side effects not disclosed
- Poor quality control during manufacturing
Types of Defective Medical Product Claims
When medical products or devices cause harm, the fault may lie in different areas of their development, production, or use. Understanding the type of defect involved is crucial for building a strong legal claim. Below are the four main categories:
1. Design Defects
A design defect refers to a flaw in the product’s original blueprint. Even if manufactured and assembled correctly, the product is inherently unsafe due to how it was designed. These defects affect every unit of the product and often result in long-term health risks.
Example: A metal hip implant that, by design, releases toxic metal particles into the body over time, causing metal poisoning and tissue damage.
2. Manufacturing Defects
This occurs when the product’s design is safe, but errors during the manufacturing or assembly process make it dangerous. These defects may affect only certain batches or units.
Example: A pacemaker with a defective battery caused by improper assembly, leading to sudden device failure and serious health complications.
3. Marketing or Labelling Defects
Also known as “failure to warn,” these defects involve inadequate instructions, missing safety warnings, or misleading information about how the product should be used. Patients and healthcare professionals may be unaware of critical risks.
Example: A contraceptive device marketed without a clear warning about its failure rate or associated side effects, leading to unintended pregnancies or health issues.
4. Misuse by Healthcare Professionals
Sometimes, the device itself is not defective, but harm occurs due to a lack of proper training or unclear usage instructions. In these cases, liability may extend to the manufacturer, especially if documentation or guidance was insufficient.
Example: A surgical instrument used incorrectly during a procedure due to vague or incomplete usage guidelines provided by the manufacturer.
Each of these types of claims requires a careful review of the circumstances and expert input to establish liability. If you believe a defective medical product or device has harmed you or a loved one, legal support can help you understand your options.
Where can Medical Negligence occur?
Public & Private Hospitals
Public & Private Maternity Wards
Public Cosmetic Hospitals
Dental Surgeries
Opticians
Why you can trust Gibson & Associates LLP
Client-Focused Results
If your case qualifies, we’ll pursue it with determination and diligence to get the best possible result for you
Clear & Honest Guidance
We offer transparent, straightforward advice on the strength of your case and the likely outcomes—no legal jargon.
Accredited & Trusted
We are proud members of the Law Society of Ireland, delivering expert legal services with integrity and care.
Experienced Personal Injury Solicitors
Our dedicated team has years of experience handling personal injury claims — from road traffic accidents to workplace injuries.
Time Limits for Medical Negligence Claims in Ireland
You have two years to start a medical negligence claim* from the date of injury or from when you became aware of the negligence (“date of knowledge”).
For children, a claim can be made any time before they turn 18, after which they have two years to claim themselves.
If the injury isn’t discovered immediately, the time limit may begin from the date it was identified by a doctor or medical expert
How Gibson & Associates Would Support You when putting in a Defective Medical Product Claim:
1. Design Defects
- Investigate the product’s design history by consulting with medical and engineering experts.
- Gather medical evidence linking your symptoms directly to the defective design.
- Build a case against the manufacturer, showing they failed to consider patient safety in the product’s development.
- Pursue compensation for medical expenses, pain, and long-term health impacts.
2. Manufacturing Defects
- Work with product safety experts to determine whether your device came from a defective batch.
- Secure product recalls or safety notices to support your case.
- Coordinate with your medical team to gather records showing the malfunction and resulting harm.
- File a claim against the manufacturer for negligence in production and ensure you’re compensated for additional surgeries or treatments.
3. Marketing or Labelling Defects
- Review product documentation and advertising materials to identify omissions or misleading claims.
- Demonstrate how inadequate labelling directly led to harm, with help from medical and legal experts.
- Pursue damages for physical, emotional, or financial consequences (e.g., an unplanned pregnancy or health complications).
- Hold the manufacturer accountable for failing to warn both patients and healthcare providers.
4. Misuse by Healthcare Professionals
- Determine where the fault lies — with the healthcare provider, the manufacturer, or both.
- Obtain expert medical opinions on proper vs. improper use and what should have been done.
- Investigate whether the instructions or training materials were insufficient, poorly translated, or outdated.
- Help you file a claim against the responsible party, whether that’s the hospital, surgeon, or device maker, and seek appropriate compensation.
Defective Medical Products – Gibson & Associates Can Help You Seek Justice
1. Compassionate First Contact
We begin with a free, confidential chat—you tell your story at your own pace. We don’t pressure you to decide immediately; we’re here to listen.
2. Medical Review with Trusted Experts
If your situation aligns with possible negligence, we:
If potential negligence is identified, we collect your HSE or private hospital records and work with independent medical experts to uncover whether standards were breached and how it impacted you.
3. Handle the Legal Journey for You
Legal claims can feel overwhelming. We manage every part:
- Formal requests for medical documentation and records
- Expert medical and legal reports
- Communication with hospitals and insurers
- Negotiation or court representation (most settle before trial)
You stay informed—but we protect your time and energy.
4. Clear, Compassionate Communication
We explain every step in everyday language—no jargon. We break down each stage, explain choices clearly, and make sure you always know why we’re moving forward and when.
5. Claiming What You Deserve
Compensation may include:
- General damages for pain, suffering, and loss of lifestyle.
- Special damages for treatment costs, rehabilitation, home support, lost earnings, and travel
Unsure Where to Start After Being Harmed by a Defective Medical Product?
- Pause and seek support. Your recovery is the priority—lean on trusted family, friends, or support services.
- Collect any records you have. Even notes or receipts could be meaningful later.
- Reach out when you’re ready. We offer free initial chats to explain timelines (including the 2‑year deadline from awareness of harm) and what a claim might involve.
- Respect your pace. There is no pressure to proceed; we’re here to support you when you choose.
How We Support You Through Recovery After a Defective Medical Device Injury
At Gibson & Associates LLP, we offer expert legal support for defective product claims. We’ll help you understand your rights and work to secure the compensation you deserve.
Medical Assessment
Arranging medical assessment to identify your needs.
Handling Communications
Handling all communication throughout the process
Exploring Legal Options
Exploring options to help you decide what is best for you
Court Representation
Representing you in court if this is needed
Our Dedicated Medical Negligence Team
Daireann Gibson
Managing Partner
Amanda Walsh
Partner
Anna O’Donoghue
Solicitor
Blathin Cassidy
Soilcitor
Sarah McDaid
Senior Legal Executive
Medical Negligence FAQ's
1. Is there a time limit before engaging with a solicitor?
Legal proceedings must be commenced within two years of the date of knowledge of the injury, subject to certain exceptions. In a lawsuit, the ‘date of knowledge’ refers to the date on which the plaintiff knew or ought to have known that he or she had suffered an injury.
An important exception is in the case of persons under the age of 18, who are described in law as minors or infants. For minors, the Statute of Limitations ‘clock’ does not begin until a child reaches their eighteenth birthday. For more information see Child Injury Claims.
2. What will compensation cover?
Compensation for a brain injury claim may cover medical expenses, lost wages, future medical bills, future lost earnings, and will take into account the impact of the injury on the individual’s quality of life. Our brain injury solicitors assess each case thoroughly to determine an outcome that is in your best interests.
3. How do I access my medical records?
4. What does 'No Win, No Fee' mean?
5. How Long will the Medical Negligence claim take?
As a term used in personal injury litigation, general damages refer to the amount placed on the victim’s pain and suffering, which may include psychological trauma, loss of consortium, etc. In essence, general damages relate to non-monetary losses suffered by the claimant and which are not capable of exact quantification.
The term special damages refers to monetary losses that are quantifiable, such as medical treatment expenses or income loss that has been certified. These are consequential financial losses suffered by you which are directly to the negligent treatment and harm caused.
In other words, these are ‘out-of-pocket’ expenses incurred which might also include the cost of corrective surgery or treatment, medication, rehabilitation costs, travel expenses, and so on.
Case Studies
Medical Negligence
Delayed Diagnosis of Endometriosis in Ireland: A Growing Area of Medical Negligence Litigation
Delayed diagnosis of endometriosis can have life-changing consequences, including chronic pain, disease progression, and reduced fertility. Understanding when a delay may amount to medical negligence is essential for patients seeking answers and accountability.
Cosmetic Surgery Gone Wrong — What Are Your Rights in Ireland?
Cosmetic surgery is on the rise across Ireland, but when procedures go wrong due to medical negligence, the consequences can be devastating. From botched operations to inadequate aftercare, understanding your legal rights is essential to seeking justice and compensation.
Birth Injury Claims: What Parents Need to Know in Ireland
Birth injuries can have lifelong consequences for both child and parent. If medical negligence is suspected—such as delayed Caesarean sections or mismanaged labour—parents may be entitled to pursue a claim. In Ireland, claims can be made on behalf of the child or mother, with extended time limits applying to minors.
Disability Assessment Backlog Set to Exceed 24,000: Legal Support Now More Vital Than Ever
Thousands of children in Ireland are waiting far too long for legally required Assessments of Need. If your child’s rights have been breached, our judicial review team can help you take action.
Medical Negligence FAQ's
1. Is there a time limit before engaging a solicitor for my potential medical negligence action?
There is no separate deadline for engaging a solicitor in Ireland, but medical negligence actions are generally subject to a two-year limitation period. Seeking legal advice as early as possible is important, as investigating a case requires obtaining medical records, consulting experts, and preparing evidence before any limitation period expires.
2. What can I recover by way of compensation if my case succeeds?
Compensation depends on the circumstances of your case and may include damages for pain and suffering, medical expenses, loss of earnings, care costs, rehabilitation, travel expenses, and other financial losses caused by the negligence. In some cases, compensation may also cover future treatment needs and ongoing losses.
3. How do I access my medical records?
We can request your medical records on your behalf once you sign a form of authority. This allows us to obtain records directly from hospitals, GPs, consultants, and other healthcare providers involved in your treatment. Reviewing these records is often an essential first step when investigating a potential claim.
4. What does ‘No Win, No Fee’ mean?
A No Win, No Fee arrangement means we will not charge for our professional legal services if your case is unsuccessful, subject to the terms of our agreement. However, certain expenses, such as expert reports, medical records, and court fees, may still be payable unless otherwise agreed in writing.
5. How long will a Medical Negligence Claim take?
There is no fixed timeframe for a medical negligence claim. The process can take months or several years, depending on the complexity of the case, the availability of medical evidence, whether liability is disputed, and if court proceedings are required. We will keep you updated throughout the process and progress your case as efficiently as possible.