Claims for implanted medical devices
Produced in partnership with Conor Dufficy of 7 Bedford Row
Claims for implanted medical devices

The following PI & Clinical Negligence guidance note Produced in partnership with Conor Dufficy of 7 Bedford Row provides comprehensive and up to date legal information covering:

  • Claims for implanted medical devices
  • What is the root cause of the injury?
  • Causes of action
  • Possible defendants
  • What constitutes a defective product for the purposes of CPA 1987?
  • Design or manufacturing defect
  • Defences
  • Limitation
  • Evidential requirements
  • International elements
  • more

Brexit: As of exit day (11 pm on 31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Note: Brexit—considerations for personal injury claims.

Guidance on care standards for cosmetic procedures is provided by the General Medical Council and came into effect on 1 June 2016. Doctors who carry out cosmetic procedures are required to advertise and market their services responsibly, give patients time to change their mind and prioritise patient safety. For further details, see Practice Notes: Cosmetic surgery claims and Cosmetic breast surgery claims.

This Practice Note focuses (for brevity’s sake) on prosthetic hips, principally, and actions for defective products. Claims for clinical negligence are covered in depth in other Practice Notes. For example, see Practice Notes: Duty of care and breach in clinical negligence claims, Clinical negligence surgical claims and Consent in clinical negligence claims—treatment and causation.

Product recalls and unfavourable publicity have led to a slew of claims in England and Wales (and elsewhere around the globe) in relation to metal on metal hips in particular. Although this Practice Note focuses on such prostheses the broad principles are applicable to