Defective Medical Device Claims
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When someone needs a medical device, they have the right to expect that it has been thoroughly tested by the manufacturer and is used correctly according to specifications and guidelines. If you suffer injury as a result of a defective medical product or implant, you may be entitled to compensation for the harm suffered.
Our experienced legal team is here to help. We have a proven track record of successfully representing patients and families in Ireland against medical device manufacturers. Contact us to start your injury claim today.
What Is a Defective Medical Device?
A defective medical product or device is one that fails to perform its intended function due to a design flaw, manufacturing error, or inadequate labelling and instructions. Such defects can lead to serious health complications, including injury, illness, or even death. When any of these consequences result from the usage of such faulty medical devices, they could give the victim or their legal representative a viable reason to file a medical negligence claim, medical product claim, or product liability claims.
Call 01-6144565 today for expert advice on the next steps.
Types of Defective Medical Device Claims
Design Defects
Design defects occur when there is an inherent flaw in a medical tool’s design. These issues are present even before the device is manufactured and can impact an entire line of products. To claim compensation for an injury suffered due to a defective medical tool, it must be demonstrated that the device’s design was unreasonably dangerous or failed to perform as intended.
Manufacturing Defects
Manufacturing defects arise during the production process when the device does not meet the original design specifications. This may be due to poor-quality materials, shoddy workmanship, or contamination during assembly. Unlike design defects, these issues might only affect specific batches.
Labelling and Instruction Defects
Manufacturers are required to provide clear instructions and warnings to ensure safe use. If a device lacks proper instructions or warnings about potential risks, users might misuse it and suffer harm. Claims in this category focus on proving that inadequate information led to your injury.
What Is the Time Limit for Bringing a Defective Medical Product Claim?
Medical product liability in Ireland is governed by the Liability for Defective Products Act, 1991, which aligns with European legislation. For claims involving defective medical devices or defective medical equipment, you generally have three years from the date you when you became aware of the injury to file a claim. The differs from most other medical negligence claims, which have a two-year limitation period.
Defective product claims operate under a strict liability regime. This means that if you can demonstrate that the product caused your injury, you do not need to prove negligence or the specific nature of the defect; liability is automatically established.
This strict liability regime is beneficial because it eases the burden of proof and provides a longer period to make a claim. If you or a family member has been harmed by a defective medical device, contact our specialist solicitors today for advice on how to start your claim.
How Can Our Medical Negligence Solicitors Assist with Your Claim?
At Michael Kelleher Solicitors our defective medical device solicitors have extensive experience with claims like yours. We begin by thoroughly assessing your case to evaluate its strength and potential for success. Our solicitors will collect all the necessary evidence, including medical notes and records, expert analyses, and documentation about the device, to construct a strong and persuasive case. Our expertise in product liability and medical negligence law allows us to pinpoint the specific defect and demonstrate how it has caused your injury.
We will guide you through understanding the potential value of your claim, helping you determine what compensation you may be entitled to, including medical expenses, lost wages, and damages for pain and suffering. Contact us today to discuss how we can assist you in moving forward with confidence and peace of mind.
Frequently Asked Questions
The Health Products Regulatory Authority (HPRA) is responsible for regulating medical products in Ireland. This includes ensuring the safety, efficacy, and quality of pharmaceuticals, medical devices, and other health products. The HPRA’s role is to make certain that all medical products available in Ireland meet regulatory standards and do not pose a risk to public health, ensuring they are effective and safe for their intended use.
Get in Touch with Our Medical Negligence Claims Solicitors
If a defective medical device has harmed you or a loved one, now is the time to act. At Michael Kelleher Solicitors, we’re committed to helping you secure the justice and compensation you deserve. With our expertise in defective medical device claims, we’re ready to guide you through the process. Take the first step towards justice and peace of mind. Contact us today and let us fight for the compensation you deserve.
Call us today to discuss your options.
If you are dealing with a legal issue, our solicitors will be happy to speak with you about your options You can contact us by phone on 01-6144565 or call to visit us at 149 James’s Street, Dublin 8. Telephone: 01 614 465 Email: info@mks.ie