Injured by faulty medical equipment? MG Legal are NO WIN NO FEE medical negligence solicitors
The NHS is one of the best, and busiest medical services in the world, dealing with one million injured patients, every 36 hours. These injuries are varied, and range from traffic accident injuries, injuries at home, employees injured in the workplace; and of course, those who are suffering from life-threatening diseases, and require assistance on a regular basis.
Bearing in mind the nature and complexity of the services offered by our medical professionals, the list of medical practices, procedures, and equipment used, is very long indeed. The unfortunate fact, however, is that in a very busy working environment, and using an array of medical practices and equipment, our medical professionals, from our local GP, to surgeons at our local hospital, have been known to make mistakes. When mistakes are made by our medical professionals, from prescribing the wrong medication, to, (and this sounds far-fetched, but our medical negligence claims experts have just dealt with a matter like this)- removing the incorrect part of a person’s body, then such acts of medical negligence can hugely impact your life, including your earning capacity, and ability to look after your loved ones.
One main area of concern, and one that our solicitors dealing in medical negligence claims, see on an all too regular basis, is the use of defective products, and equipment, that is often used on patients. Defective can mean, something like an old, out of date piece of medical equipment, that should probably be replaced, with a newer, more accurate and reliable piece of medical equipment. The equipment is not capable of carrying out that medical task, anymore. An example of this is a case that our medical negligence solicitors recently settled, when the NHS admitted that the medical equipment used to carry out our client’s operation, had a broken seal, and leaked hot water onto our client during the surgery, causing him to suffer burns to his whole upper body.
Injuries caused by defective medical equipment can also mean, when a medical practitioner uses faulty or defective body parts, such as replacement hip-joints, knee replacement, or even cosmetic breast implants, that are faulty, unsafe, ill-fitting, or at times just completely dangerous.
Types of defective products and what is medical negligence?
Every one of us is owed a duty of care by any medical professional we attend upon- from our local GP, to our NHS dentist, our local NHS hospital, and if we privately fund a medical procedure, such as cosmetic surgery, including a nose job, breast enhancement, or even hair transplant procedure. Where a duty of care is breached, liability for negligence may arise. Medical negligence is part of a branch of law called tort- tort is described as a civil, as opposed to a criminal wrong, and is derived from the Latin verb ‘tortere’=to hurt. In the UK, to make a successful claim for medical negligence, a person injured, or made to be more ill, by a medical practitioner, needs to prove two things- that the standard of care they received fell below that of a reasonably competent health care professional in that specific area of medicine (negligence), and that as a result of the medical practitioner’s breach, and therefore, negligent act, or omission, they have suffered some form of injury, or illness- this being physical or mental illness (causation).
In an area as complex and diverse as medical negligence, you would be forgiven for thinking that there are some specific medical negligence laws that are called upon to prove fault. Whilst there is much case law on the subject, many people are surprised when our solicitors dealing in medical negligence, tell them that one of the most important pieces of legislation we rely upon when dealing with a claim for medical negligence compensation, is The Consumer Protection Act 1987.
What does the Consumer Protection Act 1987 have to do with injuries caused by medical negligence?
Well, the Act prohibits the supply of faulty or unsafe goods, and was put in place to protect people from dangerous or defective products- this can and does include medical equipment, including artificial body parts and components, such as:
Hip and other joint replacements
Implants such as spinal implants
Internally implanted defibrillators
Contraceptive devices and implants
X-Ray, MRI and CT Machines
Breast and other cosmetic implants
Foetal Heart Monitoring equipment
Faulty knee replacements
Defective hip replacements
Any faulty medical equipment can, if the equipment used was faulty, not just cause an initial injury, that is obvious straight away, but can cause further health complications, in later life. It is also likely that a faulty implant or component will need to be removed - in most cases, this will require surgery.
If you've been affected by a defective component, following hip, knee, or ankle surgery, we recommend that you get in touch with out leading, trusted, local medical negligence claims experts, at MG Legal. If you are injured, including having your illness or injury prolonged, due to defective medical equipment, you are likely entitled to make a claim for personal injury compensation. MG Legal’s highly experienced medical negligence solicitors are here to help you, with all claims accepted being handled on a NO WIN NO FEE basis to ensure you have access to expert legal representation when you need it most.
Where is the line between poor service and medical negligence?
For any personal injury claim to succeed, there must be negligence or a breach of a duty of care. It can sometimes be difficult to judge when the line into negligence has been crossed, or if the treatment you have received is just of a poor standard. Long waiting lists, unsympathetic staff, poor communication and losing personal effects are examples of poor service. Whilst frustrating and upsetting, these circumstances are not likely to constitute negligence.
Negligence is, broadly speaking, governed by two cases, the first of which is a case from the 1950’s; Bolam v Friern Hospital Management Committee. This case gave rise to the “Bolam Test” where it was established that the treatment was not negligent if it was in accordance with a “responsible body of similarly qualified medical practitioners”. In short, if a large proportion of doctors believe the treatment reasonable, it was not negligent.
The second test, Montgomery v Lanarkshire Health Board, sets the standard for Consent. Put simply, the Supreme Court ruled that before agreeing to any course of treatment or procedure patients should be told “what they want to know, no what the practitioner thinks they ought to know”.
Often, breaches can only truly be judged following a review of medical records. This is a service that MG Legal’s expert medical negligence solicitors will carry out for you on a no win, no fee basis. If you think your treatment was either negligent, or you weren’t cautioned about the risks, get in touch and we will carry out an assessment of your case without your having to pay monies up front.
How do the above cases fit with faulty medical equipment?
Any medical device itself will be covered under the Consumer Protection Act 1987 and so, coupled with the two cases above, there is always an angle from which to pursue the treatment provider, whether NHS or private practitioner, for injury causes by faulty medical equipment of devices. Whilst every medical procedure has its own risks, which is covered by the importance of Montgomery in ensuring you can give informed consent to each procedure, if something does go wrong and you are injured, your specialist faulty medical equipment solicitor at MG Legal can help you get to the bottom of the case and ensure you receive the outcome you deserve.
Why MG Legal for my fault medical equipment compensation claim?
MG Legal’s specialist, local medical negligence solicitors are on hand to help you with your claim. MG Legal’s expert medical negligence solicitors have many years of experience in this area of law. We are no stranger to reviewing thousands of pages of medical notes and identifying the root cause of the issue and then presenting the negligent party with a strong, compelling case to ensure our clients’ claims have the best chance of being successful. We accept all medical negligence compensation claims on a NO WIN NO FEE basis, so that you don’t have the added stress of paying legal fees at an already difficult time. We trust ourselves to win every claim by handling every case we accept on a NO WIN NO FEE basis, which means if we do not win, we do not get paid. With this knowledge, you can rest assured that we will do all that is within our power to settle your claim successfully.
Get in touch with us and we will ensure you speak to one of our personal injury specialists the same day. We do not use agents, call-centres or other middlemen, nor do we hide behind secretaries or unchecked voicemails. When you speak to someone about your case, you will be speaking to someone who will be directly involved in the claim. We speak to our clients like human beings and we do not try to baffle them with jargon, Latin or vague answers.