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Medical Equipment Claims
Whether you access medical care under the NHS, or you pay for it privately, you expect at the very least that the tools used are suitable for the job. You also expect that those using them are doing so correctly. Unfortunately, there are occasions when this does not occur, and patients suffer unnecessarily as a result.
What is Medical Equipment Negligence?
Medical equipment is used in modern medicine every day, from hospitals and dentists, to care homes and diagnostic labs. Correct maintenance of equipment is important, while those using it should have adequate training. Medical equipment negligence occurs when either or both of these do not happen. Examples can include:
- Lack of regular servicing and adjustment, and irregular maintenance
- Faulty monitors, including breathing sensors
- Production faults
- Unsterilised equipment
Medical equipment negligence can also relate to items like prosthetic joint and cosmetic implants, and contraceptive implants.
When claiming compensation for medical equipment negligence, the claimant has to prove either that the item was defective, or that the medical professional made an avoidable error when using the equipment. They must also prove that this was the cause of their injury or harm. Your solicitor will prove responsibility by looking at the circumstances surrounding your individual claim, and by evaluating your treatment with that against comparable facilities to see if it was of an acceptable industry standard.
Case Study: Brain Damage
For example, a patient suffered brain damage as the result of low oxygen levels while under general anaesthetic during a routine operation. The anaesthetist did not immediately notice the drop in the patient’s oxygen levels due to a fault in the monitor. The anaesthetist was negligent as he did not adequately perform mandatory pre-operation checks of the equipment he was responsible for using. The patient successfully claimed compensation to help with the additional care he will require for the rest of his life.
How Can We Help?
Medical Negligence claims involving failure of medical equipment are not always easy to validate. This is why you should enlist the support of solicitors with experience in this area such as The Medical Negligence Experts. It takes a skilled professional to be able to analyse the circumstances around your injury to determine whether they were the result of negligence.
As the claimant, it is your role to demonstrate that your care was below an acceptable standard. You must also show that it directly resulted in your injury or illness. Obtaining evidence to prove this is easier the sooner your case is raised. This is one reason we always recommend clients seek legal advice at the earliest opportunity.
There is a time limit for making a claim for compensation so contact The Medical Negligence Experts today and find out more about how we can help you.