How common are claims?
Over recent years, claims from failed medical devices and implants have increased dramatically, as more and more medical devices and implants are recalled by manufacturers around the world. Unfortunately, by the time a recall occurs, thousands of people could be suffering from the adverse effects of the device or implant. Sometimes these effects can be severe and create the need for further medical treatment, and even lead to a profound disability.
If you believe you’re the victim of a defective medical device or implant or have been recommended or treated with an incorrect medical device or implant for your condition, you can speak to one of our specialist medical negligence/ product liability lawyers and get advice about what to do. It’s a free call, so it makes sense to get advice and find out where you stand.
What can I claim?
Making a claim for compensation for a defective medical device or implant can be complex, as often these claims are often made directly against the highly resourced manufacturers of the product. This can mean the claim comes under the relevant consumer protection legislation rather than the medical professional that implanted or recommended them for use. In some instances, however, a claim can also be successfully made against the medical practitioner that recommended or implanted the device or implant, based on a breach of his or her duty of care. The practitioner must exercise reasonable skill and care in implanting the device or implant, choosing an appropriate device or implant for your symptoms and condition, recommending a safer alternative or advising you of the risks and implications of implantation. For more information, you could also read our failure to warn and informed consent page, which may also apply to your potential claim.
We have extensive experience, and we specialise in claims arising out of:
- Metal on metal hip replacements.
- Implantation of vaginal mesh and slings.
- Implantation of surgical mesh.
- Pain control devices.
- Knee prostheses.
- Breast implants.
What's the claim process?
We make the claim process easy for you.
We get to know you
We'll get to know you personally, listen to your side of the story and give you free advice on your options.
We ask more questions
We'll look beyond the obvious and see if your injuries have led to other complications, to claim everything you're entitled to.
We build the evidence
Led by your lawyer, your dedicated team including hand-picked medical specialists will build strong evidence to maximise your claim.
We pursue your claim
We win over 99% of our cases and we'll fight until you receive the compensation you're entitled to and deserve.
You receive your compensation
Your compensation will be paid into your bank account.
What will it cost me?
There are no upfront costs. We’ll provide free claim advice, we’ll cover all the costs to prepare and run your case and we only get paid when you receive your compensation. Also, just like a mobile phone bill, we put a cap on our fees so there are no nasty surprises at the end of your claim. You should feel comfortable that you can speak to your lawyer any time, without worrying about the cost getting out of control.
Where can I find a medical negligence expert in my area?
Law Partners is Australia’s largest specialist medical negligence firm, and we have 25 local offices.
We have solicitors and legal teams who specialise in medical negligence claims.
To find Law Partners offices near you enter your suburb:
Did you know?
If you don't live close to one of our offices we can provide free advice over the phone, and we can represent you without you having to leave your home. Call 13 15 15 speak to a specialist.