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compensation following an accident
illness or injury - nationwide
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Anyone in the UK receiving medical treatment under the NHS may think that if a problem occurs as a result of the actions or neglect of someone else, a compensation claim for clinical negligence may be the appropriate action for redress, however, sometimes a product liability claim could be considered.
This may be the case if the unforeseen personal injury has resulted not from the direct action of a health professional but because of a malfunction or problem with a piece of equipment used inadvertently, which either has been manufactured incorrectly or is not fit for its intended purpose in another way.
Surgical instruments used in operations are in just such a category. It is essential for them to be made with great precision and care so that they are safe and accurate to use, protecting the health and welfare of both the surgeon and patient.
The NHS has a duty to provide the best equipment possible for its doctors and nurses to use on patients, but it is also mindful of supply factors including cost and convenience.
The Medicines and Healthcare products Regulatory Agency (MHRA) was set up as part of the NHS to monitor and check the quality of every item authorised and used within the health service for the benefit of patients. No drug or piece of equipment should be part of a treatment regime unless it has been approved by the MHRA.
Occasionally though, a faulty product may slip through the regulatory net and potentially cause harm to a patient.
For example, in July 2011, researchers from a BBC television programme found that in a batch of surgical instruments which were tested for safety, nearly 20% were not satisfactory and had the potential to harm patients or staff handling the instruments because they had manufacturing faults including loose screws, sharp pins and poor soldering.
Many of the scalpels and similar tools are imported from the Indian sub-continent and the Far East to the UK, and there have been suggestions that insufficient quality control checks were made to ensure the highest level of care.
If a hospital authority was found liable for harm to a patient arising from a poorly-manufactured instrument or malfunctioning piece of equipment, it could be sued for compensation under product liability laws rather than medical negligence because sufficient systems to protect patients should be in place to prevent such an occurrence.
YouClaim solicitor for product liability claims
If you or a close loved one has suffered a personal injury in similar circumstances, the lawyers at YouClaim may be able to help you with a product liability claim in order to receive redress.
Wherever you live in the UK, you can access the professional law service we offer via the internet.
We make a point of working to the highest standards, as monitored by the Solicitors Regulation Authority, allied to a sympathetic and personal approach.
To find out about how to seek compensation for harm caused by a failure in a piece of equipment or other neglect, you can complete an online claim form and we'll reply to you, you can start echat, or you can call us now on 0800 10 757 95.
