Medical Accident Claim: Can I make a UK medical accident claim for the failure of medical equipment?
Find out in an an injury victim Q&A as when you claim compensation for a medical accident caused by the failure of a a stent.
Medical Accident Claim Question
A stent was put into my throat whilst I was being treated for cancer. A stent is a medical device designed to keep the throat open to allow me to be fed whilst I was being treated.
The stent failed which resulted in me contracting pneumonia – the treating consultant confirmed that the stent was faulty and provided me with a letter from the manufacturers admitting the defect with the stent.
Can I make a claim for compensation for my suffering due to the defect with the medical stent?
Medical negligence and product liability solicitor response
You should consider the following before making a claim:
1. Did any medical negligence take place that led to your medical injury?
From the description you have given it does not sound that your treating consultant was negligent. It sounds like the medical equipment, the stent, was defective and the consultant who fitted it did not do so improperly.
This would have to be investigated in full to ensure this is what happened, but the fact you have a letter from the manufacturer admitting the stent was defective would on the face suggest that the consultant’s treatment was not to blame.
Click medical negligence to learn all about making a UK clinical negligence claim
2. Who can you make your UK medical accident claim against?
The defective medical equipment is the responsibility of the manufacturer, so your UK medical injury claim should primarily be made against the manufacturer direct. In the letter you have – the manufacturer has accepted fault and so your claim should proceed smoothly.
3. Which solicitor should you use to make a medical accident claim for defective medical equipment?
Click medical negligence solicitor to see our article setting out how to choose the best UK medical injury claims solicitor.
4. Free online solicitor assistance
See our specialist solicitor free online legal help to select from legal help options we offer – you can ask a solicitor an online question, receive a specialist solicitor callback or have your medical accident claim assessed.