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Defective Medical Product Claims – MHRA

If you or a member of your family has become unwell or been injured by a defective medical product or unsafe medication, you may be entitled to make a compensation claim. Our lawyers are specialists in medical negligence and product liability claims, so contact us today on 0800 032 8511 for claim advice, or by completing an online compensation claim enquiry form.

What is the MHRA
Unsafe Medication
Defective Medical Devices

Regulation of Blood Service Establishments
Making a Product Liability Claim
Defective Medical Product Compensation
Our Personal Injury Lawyers

What is the MHRA?

The initials MHRA stand for the Medicines and Healthcare Products Regulatory Agency. This organisation is an executive agency of the Department of Health and regulates medicines, medical devices and some therapeutic products and services.

Its purpose is to ensure that medicines and medical products are acceptably safe, that they work correctly and that the health of the general public is safeguarded.

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Unsafe Medication

Although no medication is completely without risk, the risks of some drugs unfortunately only become known when a product is already in widespread use. As reports of problems are made, a drug may be withdrawn from the market, however by this point some people may have already suffered a personal injury.

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Defective Medical Devices

There are many types of medical device used to treat and assist patients. This would include equipment used for examinations, tests and procedures by hospitals, GPs, chiropodists, dentists and opticians (such as x-ray machines and scanners, or anaesthetic equipment), and also aids used by people in their daily life (for example hearing aids, wheelchairs, orthopaedic aids and hoists).

If a faulty medical product fails, it can cause injury to the patient. If a person is harmed or endures undue suffering as a result of the negligence of someone else, they should be entitled to make a compensation claim. A specialist personal injury lawyer, such as those employed by The Legal Line, will be able to assist you with this.

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Regulation of Blood Service Establishments

The MHRA is also responsible for regulating the collection, storage, processing, testing and distribution of human blood and blood components.  This includes ensuring that blood establishments are authorised and compliant with all relevant regulations, and the MHRA also carries out inspections of some of these facilities.

Any serious adverse reactions or events involving blood products also have to be reported to the MHRA. 

If a personal injury or illness is caused by a blood product and could have been prevented (i.e. occurred due to negligence on the part of a provider), it may be possible to make a claim for compensation.

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Making a Product Liability Claim

In any Product Liability Injury Claims claim for a personal injury it is necessary to show that the product causing the injury was defective, meaning, that the safety of the product was “not such as persons generally are entitled to expect”, taking into account what it was for, and what instructions and warnings were given. The claim is made against the producer of the product or its supplier.

In every case, medical evidence will also be required. It is therefore important to seek the prompt advice of an expert personal injury solicitor if you believe that you may be entitled to make a claim.

If you have been injured by a defective medical product, try to record as much information as possible and keep details of any medical treatment. It is also useful to retain receipts for any injury related expenses.

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Defective Medical Product Compensation

There are two elements to a compensation award. The first is for the pain and suffering you may have gone through and what is known as loss of amenity. This is called general damages and related to the pain and suffering you may have gone through and any inability to do things that you used to be able to do before (e.g. making meals, gardening, walking the dog etc). The award for loss of amenity can be for a short period after an injury or for ever if that is what the medical evidence supports.

The second element of a compensation award is for your losses and expenses and is known as special damages. It is important to keep receipts for any expenditure you have related to the injury, so that these can be reclaimed. The aim is to put you back in a position financially as if the injury had never occurred.

If a person is fatally injured, a dependent relative such as a widow and children may be able to claim a statutory sum for their bereavement and funeral expenses, but also sums for the loss of income and contribution to the household in the form of future losses.

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Our Personal Injury Lawyers

The Legal Line lawyers are experts in all areas of personal injury, with extensive experience in recovering compensation for the victims of injuries caused by defective drugs and medical products. They can provide specialist product liability claim advice, assistance and guidance in helping you to pursue your claim to the best possible outcome.

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