Therapeutic goods such as medical devices are required to comply with relevant Australian standards prior to their supply in the Australian market. Medical products, such as medications, implants, and modern medical devices or gadgets, are critical components of healthcare. Defective and/or negligent implantation of medical devices can cause serious injury to the recipient of these devices. The legal field of medical product liability comes into the picture when these items cause harm or injury to the patients. Medical product liability in Australia entails holding the relevant stakeholders, such as manufacturers and healthcare practitioners, accountable for injury caused by defective or unsafe medical products.
What is medical product liability?
Medical product liability refers to the legal obligation or responsibility of the product manufacturers, sponsors, and other relevant stakeholders when the medical products cause injury or harm to the patients. It applies when defective, unsafe or improperly labelled medical products cause injury or lead to adverse health outcomes.
Types of medical product liability claims include the following:
If you or someone you know has suffered a medical injury due to a defective medical implant or device, it is important to seek legal advice as soon as possible as the limitation periods or time limits generally apply.