Faulty Defibrillator Claims

If you are a patient in a medical emergency, the use of a defibrillator can often be crucial and lifesaving. However, things can sadly go wrong and if the defibrillator fails or causes you pain/discomfort this can be very distressing, or it could potentially cause further injury. You could be able to make a defibrillator injury claim if you’ve suffered an injury as a result of a faulty defibrillator.

If you’ve suffered an injury or unnecessary pain due to being treated with defibrillator that malfunctioned or was used incorrectly, you may be able to claim compensation. To assess your defibrillator injury claim and find out how much compensation you could be owed, speak to First Personal Injury today.

To assess your claim, contact us on 0800 808 9740 or online.

Defibrillator Injury Claim Types

There are many different ways that a faulty defibrillator could potentially impact upon you. If a defibrillator is faulty or if it is used incorrectly, it could potentially cause:

• Skin burns.
• Heart tissue/heart muscle injuries.
• Issues with the rhythm of the heart, including ‘flatlining’ (where the heart has no rhythm).
• Death if the defibrillator does not work/it is used improperly.
• Rashes/other skin conditions.
• Heart/chest pains.

If you’ve suffered any of these injuries or any similar injuries due to a problem with a defibrillator, you could be able to make a defibrillator injury claim. Your issue could be caused by a fault with the mechanics of the defibrillator or it could be caused by the way that it was administered by the medical staff. The Health and Safety Executive (HSE) has lots of further information about how to safely use a defibrillator.

Either way, if you have been injured in an accident that wasn’t your fault, you could be able to claim compensation. There are certain brands of defibrillators that have had more issues than others in terms of faulty claims. In particular:

• ST leads defibrillators.
• ICD defibrillators.

While defibrillator claims are more common in the USA, you could still suffer an injury due to any type of defibrillator in the UK. As previously stated, your injury could be caused by a specific mechanical fault within the defibrillator or the accident could happen because of misuse by a medical professional.

If your injury is caused by the poor medical treatment of the staff responsible for your care, your case would be classed as medical negligence. Therefore, the claim would be against the medical body responsible, such as the NHS. However, if the accident was caused by mechanical faults within the defibrillator then your case would be against the manufacturer of the defibrillator.

To assess your defibrillator injury claim and to determine how much compensation you are owed, speak to First Personal Injury as soon as possible. There are normally three-year time limits for personal injury cases. The three-year countdown begins from the date that your accident happened. However, a claim can be made on behalf of a child up until their eighteenth birthday. If a claim has not been made by the time they reach eighteen, that young adult now has three-years to make the claim for themselves.

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Defibrillator Injury Claim Compensation

The amount of defibrillator personal injury compensation awarded will be dependent upon the specific details of your case. The amount of compensation that you are awarded will be determined by looking at two categories: general damages and special damages.

General Damages

General damages refers to the physical and emotional damage caused by your injuries. In the simplest terms, it refers to compensation for pain and suffering. This type of compensation also covers any losses of amenity, aka a decrease in ability to function, that has arisen from the injuries sustained in an accident. Compensation will be awarded based upon the severity of these factors, understanding that the higher the severity of the injuries, the worse the pain/suffering and impact upon your life. To view estimates for personal injury types, visit our compensation calculator.

An example of a compensation estimate is £3,0101 – £46,780 for an elbow injury. You could be awarded anywhere between £22,340 – £82,080 for a severe knee injury. As you can see, compensation amounts can vary wildly for the same type of injury. Therefore, the best way to determine how much compensation you are likely to be awarded is to speak to a personal injury solicitor directly.

Special Damages

Special damages compensation refers to compensation that covers the financial losses and expenses incurred as a result of an accident or medical negligence. Special damages could help to reclaim a loss of income if you have been unable to work due to your injuries. Similarly, if you have had to pay to go a medical appointment or if you had to pay to travel to a medical appointment, you could be able to claim these medical costs back.

You should keep detailed records of any receipts or other documents which help to outline any relevant financial losses relating to your injuries. These can later be used during your personal injury case to try and determine how much defibrillator injury compensation you are owed. Once again, you should speak to a personal injury solicitor directly to understand how much compensation you are likely to be owed.

Making Personal Injury Claims

If you have suffered a personal injury, you may be entitled to receive compensation. First Personal Injury solicitors are available to assist you and ensure that you win the compensation that you deserve.

First Personal Injury work with both families and individuals across England and Wales, leading them on their legal journey and helping them claim compensation after an accident or injury. Contact our specialist team to begin the process, either by phone on 0800 808 9740 or through our online form.