Defective Medical Equipment Claims

Types of claims relating to defective medical equipment in surgery

From our experience, we know that faults with defective medical equipment can take some time to uncover particularly the need to determine whether the fault is the surgeon’s or a fault in the manufacturing process or design.

The use of medical devices is highly regulated and there are a number of significant responsibilities placed on the manufactures and the operators to ensure that any problems are clearly recorded and if necessary, reported to the relevant governing body.

Some examples of medical equipment failures that we have investigated:

• Diathermy injury due to faulty heat settings
• Failed prosthetic devices, including spinal and joint implants
• Faulty pacemakers including the application of incorrect settings
• Defective operating theatre lighting
• Faulty intraoperative imaging resulting in misplaced surgery
• Burst catheters due to stress fractures
• Repeated surgeries required due to the failure of a piece of equipment

Rest assured, if you are negatively impacted by the defective medical equipment in surgery, we have extensive experience in settling these types of claims.

Common types of defective equipment

Whether they are used by professionals within the NHS or in private care, medical devices can fail at any stage whether by developing a defect or being defective from the outset.

A defect can be very varied. It may be obvious or in some circumstances hidden or “latent”. It can therefore be difficult for patients to know if their treatment has been impacted by a defect in the equipment.

Surgical equipment

If you have been injured during surgery or other treatment it is important that you make enquiries with your treating doctor to determine if there were any complications arising from the equipment used and if so, what this was. Some common types of equipment that can give rise to problems are listed below:

• Forceps – to grasp, retract, or stabilize tissue and often used during difficult births
• Pacemakers – small electrical devices surgically implanted in your chest
• Replacement heart valves
• Cochlear implants
• Syringe drivers – used to mechanically push medicine into the body
• Stents – a short, wire-mesh tube that acts like a scaffold to help keep a vessel open
• Balloon catheters – used to enlarge narrow vessels

Outdated or poorly maintained equipment:

The use of outdated or unsafe medical machinery can not only cause significant harm, but this is also an example of medical negligence in that the clinician has failed to ensure that the patient is operated upon or treated in a safe manner. This duty extends to all aspects of the care.

Although most hospitals abide by stringent and rigorous standards, both in terms of practice and application, there are times machinery is used in a dangerous manner. Most devices will have a recognised lifespan and should be used within prescribed timeframes. Complex machines should be maintained and serviced regularly and appropriately sterilised for repeated use with different patients.

This may fall to be the responsibility of the healthcare provider or sometimes the manufacturer if the equipment requires specialist maintenance

With most claims of this nature, determining liability of the machinery’s use and proving negligence is not something that can be done easily.

Often, expert medical witnesses are needed to provide statements whereas expert medical professionals will also need to look at the evidence before a case is concluded.

Medical and cosmetic implants

Medical and cosmetic implant injuries also fall under defective medical equipment/device claims.
In recent years there has been a substantial rise in cosmetic implant cases and in particular breast implants. For example, in 2010, PIP breast implants were withdrawn from the UK after it was revealed they had been manufactured using unapproved silicone gel. This caused a number of women fitted with them to experience splitting and rupturing and also to suffer from the uncertainty over future complications. Skin fillers, dermal implants and lenses are also classed as medical devices.

Fortunately, we’re experienced at handling such cases and understand the trauma that comes as a result of negligently implanted devices or failures of the devices themselves.

Defective Mesh claims

For more information relating to the effects of primodos, sodium valproate and pelvic, please see our response HERE.

Processing your defective medical equipment claim

To make a claim relating to defective medical equipment, the first step is to get in touch with our expert medical negligence team where you will receive your free consultation.

Take your time and share your experience. We can then offer the latest legal advice as to whether we believe you have a claim. Also, any information we take from you will be done safely and securely in line with the very latest GDPR and data protection laws.

By picking up the phone today, you can start your journey to justice and put months or years of suffering behind you.