Defective Medical Device Claims
If a hip, mesh, breast implant or other device was defective and injured you, you may claim against its manufacturer under the Consumer Protection Act 1987 without proving negligence, and possibly against the hospital if it was negligent in choosing or fitting it. Claims are complex and often part of group actions.
Manufacturer and Hospital Claims
Direct Answer: A defective implant claim can lie against the manufacturer for a defective product, and separately against the surgeon or hospital for negligent selection, fitting or follow-up, so identifying which is responsible is a central early task.
The device's lot number, manufacturer and date of implantation are usually in your hospital records or an implant card. Expert engineers, materials scientists and surgeons examine the device, often after removal, to decide whether it was defective, and how it failed.
Regulation and Group Claims
Devices are regulated by the MHRA under the Medical Devices Regulations 2002, but meeting regulatory requirements is not a complete defence to a claim under the Consumer Protection Act 1987, since the test is what people are entitled to expect of the product's safety. When many patients are affected by the same device, solicitors may bring group actions to spread costs and evidence.
Time Limits
The three-year period runs from the date of damage or knowledge that the device was defective, for example when a recall or a failure is discovered. The ten-year long-stop, however, runs from when the manufacturer put the product into circulation and can bar claims for older devices.
Frequently Asked Questions
Who can I sue for a faulty implant?
How do I find out about my implant?
Does MHRA approval stop me claiming?
Can I join a group claim?
What if my device is more than ten years old?
Do I have to prove the manufacturer was negligent?
How long do I have to bring a defective product claim?
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Read moreWhere this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.
Sources for this page
Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.
- Courts and Legal Services Act 1990, s.58 (conditional fee agreements)
The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.
- Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013
Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.
- Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)
Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.
- Limitation Act 1980, s.11 (personal injury actions)
Three years from the date of the accident or the date of knowledge. Property damage such as a damaged vehicle is a separate claim with a longer six-year period under s.2.
- Limitation Act 1980, s.14 (date of knowledge)
The three-year period can run from the 'date of knowledge': when you first knew the injury was significant and attributable to the act or omission alleged to be negligent. Central in delayed-diagnosis cases.
- Limitation Act 1980, s.11A (actions in respect of defective products)
Three years from damage or date of knowledge, but the right to sue a producer is extinguished ten years after the product was put into circulation, even if injury only appears later.
- Consumer Protection Act 1987, Part I (product liability)
A producer, own-brander or importer is strictly liable, without proof of negligence, for damage caused wholly or partly by a defect in a product. A product is defective if its safety is not such as persons generally are entitled to expect. Defences include the state of scientific and technical knowledge at the time (s.4(1)(e)).
- Medical Devices Regulations 2002 (SI 2002/618)
The UK regime for placing medical devices such as implants on the market, enforced by the MHRA. Compliance is evidence about safety but does not prevent a product liability claim.
- NHS Resolution
Handles clinical negligence claims against NHS trusts in England under the Clinical Negligence Scheme for Trusts.
Who wrote and checked this page
- Written and published by
- Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
- Legal review
- Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
- Review dates
- Last reviewed 18 September 2026. Next review due 18 March 2027.
Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.