When a medical device fails and causes harm, patients often wonder what steps are involved in pursuing a claim.
Here, we will take you through the typical process for defective medical device claims in Scotland, from initial consultation to conclusion.
A defective medical device can cause serious and unexpected consequences, often leaving patients facing additional treatment, financial strain, and uncertainty about their rights. Understanding how the claims process works can help you make informed decisions and ensure that those responsible are held accountable.
If you have been injured by a defective medical device, you may be entitled to compensation. Our experienced personal injury solicitors can assess your situation and guide you through the claims process. Call 0800 988 8082 today or complete our online contact form to arrange a confidential discussion about your potential claim.
Initial consultation
The process begins with an initial meeting between the you and one of our experienced personal injury solicitors. During this stage we will gathers details about the defective product, the harm caused, and any supporting evidence such as medical records, receipts, and photographs. This information helps to establish the basis of the claim.
Collecting evidence
Once we have a clear understanding of the case, we will begin to ingather evidence to strengthen your claim.
This may include expert medical reports, an expert liability report, proof of the product defect, and documentation of financial losses such as treatment costs or loss of earnings.
If you are unable to provide this information, we will be able to discuss alternative means to obtain what is required. This could include requesting the information from the body who hold it or asking the court for a court order to obtain the information.
Intimating the claim
Once we have obtained all the evidence, we will formally intimate the claim to the manufacturer or distributor of the defective device. This letter outlines the allegations and invites the other party to respond. Under Scots law, the other party typically have several months to investigate and confirm whether or not they accept liability.
Negotiation and settlement
If the manufacturer or distributor accepts responsibility, settlement negotiations begin. Many claims are resolved at this stage without the need for court proceedings. We will work to secure fair compensation for you, covering medical expenses, pain and suffering, and any future care needs.
Court proceedings
If the other party fails to respond or disputes liability, we will initiate court proceedings. A provisional final hearing date (i.e. Proof Date) is set early in the process. While fewer than 3% of claims reach a full hearing, clients must be prepared to attend court and provide evidence if necessary.
The initial stages of the court action allow parties to continue to provide their evidence to the court and explore the possibility of settlement prior to the final hearing.
Defective medical device claims follow a structured process designed to protect patients and hold manufacturers accountable. While most cases settle before trial, having an experienced solicitor is essential to navigate the complexities and secure fair compensation.
Frequently Asked Questions
What is a defective medical device claim?
A claim made when a medical device is faulty, unsafe, or fails and causes injury or illness.
Who can be held responsible for a defective device?
Manufacturers, distributors, or suppliers may be liable if a device defect caused harm.
How long do I have to make a claim in Scotland?
Most claims must be raised within three years of the injury or when it was discovered.
Do most defective medical device claims go to court?
No. The majority of claims settle through negotiation before reaching a court hearing.
What compensation can I claim?
Compensation may cover pain, medical costs, lost income, and future care needs.
Do I need medical evidence to make a claim?
Yes. Medical records and expert reports are usually required to support the claim.
Contact our defective medical device claims lawyers in Scotland
At Calio, our experienced solicitors support clients across Scotland with defective medical device claims. We understand the complex medical and legal issues involved and will guide you through every stage of the process, from gathering evidence to negotiating settlement or pursuing court proceedings where required.
Our team will carefully assess the circumstances of your case, obtain the necessary expert evidence, and work to secure the compensation you deserve. This may include compensation for pain and suffering, medical expenses, rehabilitation costs, lost earnings, and future care needs where appropriate.
If you believe a faulty or unsafe medical device has caused you harm, it is important to seek legal advice as soon as possible so that evidence can be preserved and the appropriate steps taken.
To speak with one of our solicitors about your situation, call 0800 988 8082 or complete our online contact form and a member of our team will be in touch.
