Defective Medical Device Claims

Medical devices are essential for diagnosing, preventing, and treating a wide range of injuries and illnesses. However, when a device is faulty or damaged, it can cause significant harm. If this happens, you may be eligible to make a defective medical device claim.

Some of the most commonly used medical devices include dental implants, hip replacements, prostheses, meshes, catheters and pacemakers. If these are faulty, they could cause injuries such as infections, organ damage, nerve damage and permanent disability.

If you suffered avoidable harm due to negligence, our team of specialist solicitors are here to help. They will offer you a free case assessment and empathetic support at every step of the claims process.

For a free initial consultation, call 0800 470 0474 today or use our online claim form to request a call back.

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Table of Contents

• Am I eligible to make a defective medical device claim?
• How does the Consumer Protection Act 1987 apply to faulty medical device claims?
• How do I make a claim for defective medical equipment?
• What types of medical devices could be defective?
• What injuries can be caused by defective medical equipment?
• What is a group claim, and what are its benefits?
• What evidence do I need to support a defective medical device claim?
• Can I claim for a defective medical product on behalf of a loved one?
• Can I claim compensation for a death caused by defective medical equipment?
• What is the time limit to start a defective medical product claim?
• How much compensation could I receive for an injury caused by a defective medical product?
• Will my medical negligence solicitor offer me a No Win No Fee service?

Am I eligible to make a defective medical device claim?

Our team of medical negligence solicitors can let you know within minutes whether you could claim compensation for your pain and suffering.

Generally, you can make a claim against the NHS, as well as a private healthcare provider, if the following can be proven:

• You were owed a legal duty of care (your healthcare provider should have checked that they are using a safe medical device).
• The care you received fell below the acceptable standard (they used a defective product).
• You suffered an injury or your condition worsened because of the faulty medical product.
• The injury occurred within the claim limitation date (usually three years).

How does the Consumer Protection Act 1987 apply to faulty medical device claims?

The Consumer Protection Act 1987 is a key piece of legislation for defective medical device claims. It holds manufacturers and/or distributors strictly liable for injuries and damages caused by products they have sold.

Therefore, it allows you to claim compensation from them without having to prove negligence. To make a successful claim under the Act, you must only show that:

• The product was defective and did not meet the level of safety you were entitled to expect.
• The defect caused the injury and losses you are claiming.

Manufacturers and other defendants may raise several defences under this Act, including:

• The defect was not present when the product was supplied.
• The product complied with all legal requirements at the time it was released.
• The defect could not have been discovered, given the state of scientific or technical knowledge at the time.
• The product was not used in the way it was intended or recommended.

Other issues may arise when dealing with manufacturers from foreign countries, which may have different levels of safety regulations.

Your injury lawyer will be able to advise on whether you should make a compensation claim against a medical professional or a product liability claim.

How do I make a claim for defective medical equipment?

Whether you make a compensation claim against a medical professional or a manufacturer, there are a few steps involved in the process:

• Seek medical care as soon as you suspect there may be something wrong with your medical device, and keep all records related to it.
• Contact a solicitor with experience in medical negligence and product liability for legal advice.
• Gather evidence, including medical reports, witness statements, expert reports and details about the device.
• Send a letter of claim to the defendant to inform them of your intentions to claim compensation and the amount sought.
• Begin settlement negotiations if liability is admitted.
• Start court proceedings if liability is denied and be prepared to argue your case before a judge (this rarely happens, as less than 3% of claims go to court).
• Receive your compensation award if your claim is successful.

What types of medical devices could be defective?

Many different types of medical devices could have a defect and cause harm to patients, including:

• Hip and knee replacements.
• Breast, spinal and dental implants.
• Surgical meshes used to repair hernias or pelvic organ prolapse.
• Pacemakers and defibrillators.
• Sorin Stockert 3T Heater-Coolers.
• Contraceptive devices and injections.
• Catheters, syringes, and infusion pumps.
• Prosthetics and orthopaedic supports.
• Insulin pumps and inhalers.
• Pharmaceutical medication.

A defective medical device not only means that your existing condition is left untreated but may also cause a new injury or illness. In such cases, you may be able to make a claim for clinical negligence.

What injuries can be caused by defective medical equipment?

Defective medical equipment and products can cause a wide range of injuries, from minor to life-threatening. These include:

• Internal bleeding from faulty meshes.
• Infections from contaminated devices or erosion.
• Organ damage or perforation.
• Chronic pain, such as from faulty mesh implants or joint replacements.
• Nerve damage, leading to numbness, weakness, paralysis or loss of function.
• Allergic reactions, tissue rejection or systemic illnesses from materials used in the device.
• The need for corrective surgery, scarring and disfigurement.
• Death can occur in the most severe cases where defective devices lead to organ failure or severe complications such as sepsis.

What is a group claim, and what are its benefits?

A group claim, also known as group litigation or collective action, is a legal process in which a group of individuals who suffered similar harm from the same medical device or treatment come together to file a claim against one or more defendants.

Taking collective legal action can bring several benefits, including:

• Shared legal costs.
• The availability of more substantial supporting evidence.
• A stronger claim and negotiating position.
• Efficiency and a quicker resolution.
• Better chances of receiving maximum compensation.
• Increased leverage and media attention.

A collective group claim also benefits the legal system, as the courts will not have to deal with each claim separately.

If other people suffered harm due to the same medical product as you, your solicitor may advise that you take collective action.

What evidence do I need to support a defective medical device claim?

Your solicitor will help you gather all the evidence you need to support a claim for faulty medical equipment, which could include:

• All your medical records, including doctor’s notes, imaging scans, test results and details of the specific medical device used in your care.
• Evidence of the defect, which is often provided by expert reports.
• Photographs or videos of the faulty device and any visible injuries.
• Independent reports from medical experts detailing your injuries and how the faulty or defective medical device caused them.
• Statements from friends, family or other people affected by the defective equipment.
• A personal diary documenting your injuries, symptoms and the impact on your life.
• The product packaging, serial number or instructions, if available.
• Proof of financial losses, such as receipts, invoices and payslips.

Can I claim for a defective medical product on behalf of a loved one?

If a defective medical device or implant injured your loved one and they cannot make a claim for compensation by themselves, you could represent them as a litigation friend. This typically applies to:

• Children under 18.
• Adults who lack the mental capacity to handle their own legal affairs. This could be due to a brain injury, mental illness, learning disability or another condition.

Your defective medical device lawyer will help you fill in and file the necessary forms to be appointed as a litigation friend and guide you through the process. This is similar to any other claim for compensation.

Can I claim compensation for a death caused by defective medical equipment?

Yes. You can typically make a fatal accident claim if a loved one passed away due to a defective medical product and you qualify as their dependent. This could include:

• Loss of financial support.
• Reasonable funeral expenses.
• Loss of services such as childcare or DIY projects.
• The pain, suffering and financial losses experienced by the deceased before death.
• A bereavement award of £15,120.

What is the time limit to start a defective medical product claim?

In most cases, you have three years to make a medical negligence claim under the Limitation Act 1980, starting from one of the following:

• The date the injury occurred.
• The date you first became aware of the injury and negligence (date of knowledge).

The Consumer Protection Act 1987 also imposes a 10-year time limit to make a claim from the date the medical device was first put into circulation.

There are several exceptions to the limitation period:

• The three-year limit does not start until a person’s 18th birthday, giving them until they turn 21 to claim.
• There is no time limit if the claimant lacks the mental capacity to handle a legal case.

How much compensation could I receive for an injury caused by a defective medical product?

Your medical negligence lawyer will calculate how much compensation you are entitled to based on two types of damages:

• General damages cover the pain, suffering and loss of amenity (the impact on your quality of life, hobbies, and daily activities) caused by your injuries.
• Special damages cover all financial losses and expenses you have incurred or will incur as a direct result of the defective product (such as loss of earnings from time off work, private medical treatments, care costs and home adaptations).

According to our personal injury compensation calculator, you could receive:

• £26,590 to £39,170 for a hip replacement that caused some degree of long-term disability.
• £140,870 to £205,580 for moderately severe brain damage.
• Up to £63,980 for a severe infection with ongoing symptoms or loss of function.
• Up to £172,860 for severe nerve damage leading to loss of bowel and bladder control.

Will my medical negligence solicitor offer me a No Win No Fee service?

If you are eligible for compensation, your solicitor will help you claim on a no win no fee basis, which means that:

• There are no upfront fees to pay.
• There is no financial risk.
• If your claim is unsuccessful, you don’t pay your solicitor anything.
• If you win the claim, you will pay a success fee, which is deducted from your compensation award and capped at 25% of it.

To find out if you can make a defective medical equipment claim, call 0800 470 0474 today or request a call back. You will receive a free case assessment and legal advice with no obligation to proceed.

Last edited on 29th Aug 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.