Medical Equipment Failure Claims in Manchester: 7 Vital Facts on Liability and Winning Compensation

Medical equipment failure claims are more common than most people realise, and they often start with a moment nobody saw coming. An infusion pump delivers the wrong dose. A hip implant wears out years early. A monitor fails to raise an alarm when a patient’s condition changes. When you go into hospital, you trust that the equipment around you works properly. When it doesn’t, the results can be serious and sometimes life-changing.

If you or a family member has been hurt by faulty medical equipment in Manchester, you probably have a lot of questions. Who is responsible: the hospital, the doctor, or the company that made the device? Can you claim against the NHS? How long do you have? What is a claim actually worth?

This guide answers those questions in plain English. It covers the two main legal routes (product liability and clinical negligence), the evidence you will need, how compensation is calculated, and the steps involved in bringing a claim in Greater Manchester. It also explains how to report a faulty device so that other patients are protected.

The law in this area can be technical, and every case turns on its own facts. This article is general information rather than legal advice, but by the end of it you should have a clear picture of where you stand and what to do next.

What Counts as a Medical Equipment Failure?

A medical equipment failure is any situation where a device used to diagnose, monitor, treat or support a patient does not work as it should, and someone is harmed as a result. The failure can come from a fault in the device itself, from the way it was maintained, or from the way it was used.

That distinction matters because it shapes who you can claim against. A pacemaker with a manufacturing defect points towards the manufacturer. A ventilator that failed because nobody serviced it points towards the hospital. A device set up incorrectly by a member of staff points towards the clinical team and their employer.

Common Types of Faulty Medical Equipment

Some of the devices that come up most often in medical device claims include:

• Implants, such as hip and knee replacements, breast implants, pelvic mesh and spinal devices. The metal-on-metal hip recalls and the PIP breast implant scandal are well-known examples.
• Infusion and insulin pumps, where a software or mechanical fault can cause an overdose or underdose.
• Monitoring equipment, including heart monitors, oxygen saturation monitors and foetal heart rate monitors used during labour.
• Breathing equipment, such as ventilators and CPAP machines. The large Philips sleep apnoea device recall in 2021 affected many UK users.
• Surgical instruments, including staplers, electrosurgical tools and instruments that break during an operation.
• Diagnostic machines, where a faulty scanner or analyser gives a wrong reading that leads to a missed or delayed diagnosis.
• Mobility and support equipment, such as hospital beds, hoists and wheelchairs that collapse or malfunction.

Faults in the Device vs Faults in How It Was Used

It helps to think about failures in three groups:

1. Design defects: the whole product line has a flaw, so every unit carries the same risk.
2. Manufacturing defects: the design is fine, but a particular batch or unit was made badly.
3. Use and maintenance failures: the device itself was sound, but it was badly maintained, poorly calibrated, used past its service life, or operated incorrectly.

The first two usually lead to a product liability claim. The third usually leads to a clinical negligence claim. Some cases involve both.

Who Is Liable in Medical Equipment Failure Claims in Manchester?

Working out who is legally responsible is often the hardest part of medical equipment failure claims. More than one party can share the blame, and a good solicitor will usually look at all of them before deciding who to pursue.

The Manufacturer

Under the Consumer Protection Act 1987, the producer of a defective product is liable for injury it causes. This is known as strict liability, which means you do not have to prove the manufacturer was careless. You only need to show that:

• the product was defective, meaning its safety was not what people are generally entitled to expect;
• you suffered injury or damage; and
• the defect caused that injury or damage.

You can read the full text of the Consumer Protection Act 1987 on legislation.gov.uk. “Producer” covers the manufacturer, anyone who puts their own brand name on the product, and anyone who imported it into the UK from outside. Manufacturers do have some defences, including the “development risks” defence, which applies where the state of scientific knowledge at the time meant the defect could not have been discovered.

The Hospital or NHS Trust

In Manchester, most hospital care is provided by NHS trusts such as Manchester University NHS Foundation Trust (which runs Manchester Royal Infirmary and Wythenshawe Hospital), the Northern Care Alliance (which runs Salford Royal), and The Christie for cancer care. A trust can be liable where it:

• failed to maintain, service or calibrate equipment properly;
• kept using a device after a safety alert or recall;
• did not train staff to use equipment safely; or
• bought equipment that was obviously unsuitable for its purpose.

Trusts are also vicariously liable for the mistakes of their employees, so if a nurse or doctor misused a device, the claim is brought against the trust rather than the individual. Claims against NHS trusts in England are handled by NHS Resolution, which manages compensation on behalf of the NHS. You can find more about how it works on the NHS Resolution website.

Doctors, Nurses and Other Clinicians

Clinicians can be negligent in how they choose, set up or monitor equipment. Examples include programming a pump with the wrong rate, ignoring an alarm, or fitting an implant incorrectly. The legal test is whether the clinician acted in a way that a responsible body of their peers would not support. In NHS cases the trust usually defends the claim. In private care, the individual consultant may carry their own indemnity cover.

Suppliers, Distributors and Maintenance Contractors

Suppliers can become liable under the Consumer Protection Act if you ask them to identify the producer and they fail to do so within a reasonable time. Many hospitals also outsource servicing to specialist contractors. If a contractor carried out a repair badly or skipped a scheduled check, they may share responsibility.

Private Hospitals and Clinics

If you were treated privately at a Manchester clinic or private hospital, the same principles apply, but the claim is brought against the private provider and its insurers rather than NHS Resolution. If you bought a device yourself, such as a home blood glucose monitor, you may also have rights under the Consumer Rights Act 2015.

Product Liability vs Clinical Negligence: Which Route Fits Your Claim?

Many people assume every hospital injury is a clinical negligence case. In medical equipment failure claims, that is not always true, and choosing the right route can make a real difference.

In some cases you might pursue both at once. For example, if a hospital kept using a pump after a manufacturer’s safety notice, the manufacturer may be liable for the defect and the trust may be liable for ignoring the warning.

Proving Medical Equipment Failure Claims: The Evidence You Need

Strong evidence wins cases. Whether you are dealing with a defective medical device or a failure in care, the earlier you start gathering information, the better.

Keep the Device if You Can

If the equipment is in your possession, such as a removed implant or a home-use device, keep it safe and do not try to repair or modify it. If a device is removed during surgery, ask in writing for it to be preserved rather than disposed of. Engineers may need to examine it later, and losing the physical product can seriously weaken a product liability claim.

Gather Your Records and Details

Useful evidence includes:

• Medical records, which you can request free of charge through a Subject Access Request. The hospital normally has one month to respond.
• Device details, such as the make, model, serial number and batch or lot number. These are often recorded in your notes or on an implant card.
• Photographs of injuries, the device and any visible damage.
• A written timeline of what happened, including dates, names and what you were told.
• Witness details for anyone who saw the incident, including family members.
• Correspondence, including any complaint responses or incident reports.
• Receipts and payslips showing money you have lost or spent because of the injury.

The Role of Expert Evidence

Almost all medical negligence claims and device cases need independent experts. A clinical expert will comment on whether care was acceptable, and a causation expert will explain whether the failure caused your injury. In product cases, a biomedical engineer may test the device or review design documents. Your solicitor arranges and instructs these experts.

Causation: The Point Where Many Claims Succeed or Fail

It is not enough to show that equipment failed. You must show that the failure caused, or materially contributed to, your injury. If a patient would have suffered the same outcome anyway because of their underlying condition, the claim may fail even if the equipment was faulty. This is why expert evidence matters so much.

Time Limits for Medical Equipment Failure Claims

Time limits, known as the limitation period, are strict. Missing them can mean losing the right to claim altogether.

The General Three-Year Rule

Under the Limitation Act 1980, you usually have three years to start court proceedings. That period runs from either the date of the injury or the “date of knowledge”, which is when you first knew (or reasonably should have known) that you had been injured and that the injury might be linked to the equipment or treatment. This matters for implants that fail slowly over many years.

The 10-Year Longstop for Product Liability

Claims under the Consumer Protection Act face an absolute 10-year longstop, which runs from the date the producer put that particular product into circulation. Once 10 years have passed, a strict liability claim is barred, even if you only just discovered the problem. You may still have a negligence claim in some cases, but it is harder to prove. If your implant is getting on in years, get advice quickly.

Exceptions for Children and People Who Lack Capacity

• Children: the three-year clock does not start until their 18th birthday, so they have until age 21. A parent or guardian can claim on their behalf before then.
• People who lack mental capacity: the time limit is suspended while they lack capacity to manage the claim.

The 10-year product liability longstop still applies in both situations, which is a trap that catches some families out.

How Much Compensation Can You Get?

There is no fixed amount for faulty medical equipment compensation. Every award is worked out from the specific injury and its effect on your life. Compensation is split into two main parts.

General Damages

General damages cover pain, suffering and loss of amenity, meaning the impact on your ability to enjoy life. Courts and solicitors use the Judicial College Guidelines to value these, alongside previous court decisions. A minor injury that heals within months will attract a modest award. A serious, permanent injury, such as brain damage from a ventilator failure or lasting disability from a failed spinal implant, can be worth a great deal more.

Special Damages

Special damages cover financial losses, both past and future. These can include:

• lost earnings and future loss of earning capacity;
• lost pension contributions;
• the cost of care, including care provided free by family members;
• private medical treatment, therapy and rehabilitation;
• revision or corrective surgery;
• travel costs to appointments;
• home adaptations and specialist equipment; and
• increased household costs caused by the injury.

In serious cases, special damages are often much larger than general damages, particularly where someone can no longer work or needs care for life.

Interim Payments, Provisional Damages and Periodical Payments

For serious injuries, the courts have a few tools to make compensation fairer:

• Interim payments allow you to receive money before the case finishes, once liability is admitted.
• Provisional damages let you return to court later if a specific condition gets worse.
• Periodical payments provide regular, index-linked payments for life, often used for long-term care costs.

Claims After a Death

If a loved one died because of faulty equipment, relatives may be able to claim under the Fatal Accidents Act 1976. This can cover funeral costs, lost financial support and a fixed bereavement award for certain close relatives, which in England and Wales currently stands at £15,120. The estate may also claim for the person’s suffering before they died.

Step-by-Step: How to Make a Claim in Manchester

Bringing medical equipment failure claims in Manchester follows a fairly standard path, although the details vary from case to case.

1. Get medical help first. Your health comes before any claim. Tell the treating team what happened.
2. Preserve evidence. Keep the device, write down what happened and note any batch or serial numbers.
3. Request your records. Make a Subject Access Request to the hospital or clinic.
4. Speak to a specialist solicitor. Look for medical negligence solicitors with experience of device and product liability cases. Many offer a free initial assessment.
5. Investigation. Your solicitor reviews the records, identifies who may be liable and instructs independent experts.
6. Letter of claim. In clinical negligence cases, your solicitor sends a formal letter under the Pre-Action Protocol for the Resolution of Clinical Disputes. The defendant then has four months to send a detailed response.
7. Negotiation. Most claims settle at this stage without a court hearing.
8. Court proceedings. If the other side denies liability or makes a low offer, your solicitor may issue proceedings. This also protects you against the limitation period.
9. Settlement or trial. Very few cases reach a full trial. Settlement can happen at any point.

Simple cases where liability is admitted early may finish within a year or two. Complex cases involving serious injury or disputed product defects can take several years.

Paying for Your Claim: No Win No Fee

Most medical device claims in Manchester are funded through a no win no fee arrangement, formally called a Conditional Fee Agreement. Here is how it usually works:

• You pay nothing upfront to start the claim.
• If the claim fails, you normally pay nothing to your own solicitor.
• If you win, the other side pays a large part of your legal costs, and your solicitor takes a success fee from your compensation.
• In personal injury and clinical negligence cases, the success fee is capped at 25% of your damages, excluding future losses.

Your solicitor will usually recommend After the Event insurance to cover costs such as expert fees if the claim is unsuccessful. Always ask for a clear written explanation of any deductions before you sign. It is also worth checking whether you already have legal expenses cover through a home or car insurance policy.

Reporting a Faulty Device in the UK

Reporting a fault does not start a legal claim, but it does help protect other patients and creates an official record that can support your case.

The MHRA Yellow Card Scheme

The Medicines and Healthcare products Regulatory Agency (MHRA) regulates medical devices in the UK. Anyone, including patients, carers and staff, can report a problem with a device through the MHRA Yellow Card scheme. Reports help the MHRA spot patterns and can lead to safety notices or recalls.

Complaining to the Hospital

You can raise concerns with the hospital’s Patient Advice and Liaison Service (PALS) or make a formal complaint under the NHS complaints procedure. A complaint can give you answers and an apology, but it cannot award compensation. If you are unhappy with the response, you can take it to the Parliamentary and Health Service Ombudsman. Complaining does not stop the limitation clock, so do not let it delay legal advice.

Group Actions and Product Recalls

When a device has a design flaw, hundreds or thousands of patients can be affected at once. In England, these cases are sometimes managed together under a Group Litigation Order, which lets claims with common issues be handled efficiently. Past examples include metal-on-metal hip implants and PIP breast implants.

If you receive a letter saying your device has been recalled, keep it. It may help show the product was defective. Being recalled does not automatically mean you have a claim, though. You still need to show the defect caused you harm, and some people with recalled devices never suffer any injury.

Mistakes to Avoid

People often weaken strong medical equipment failure claims without realising it. Common mistakes include:

• throwing away a failed device or packaging;
• accepting an early settlement offer without legal advice;
• waiting for a complaint to finish before speaking to a solicitor;
• posting details of the case on social media;
• assuming the 10-year product liability longstop does not apply to you; and
• signing a funding agreement without understanding the deductions.

Conclusion

Medical equipment failure claims in Manchester can be complex, but the core ideas are simple once you break them down: work out what failed and why, identify who was responsible, show that the failure caused your injury, and act within the time limits. Manufacturers can be held strictly liable under the Consumer Protection Act 1987 for defective devices, while NHS trusts, private hospitals and clinicians can be liable for poor maintenance, ignored safety alerts or careless use, with NHS claims handled by NHS Resolution.

Compensation covers both your pain and suffering and your financial losses, and most claims can be funded on a no win no fee basis with the success fee capped at 25%. Keep the device, request your records, report the fault through the MHRA Yellow Card scheme, and speak to a specialist solicitor early, because the three-year limitation period and the 10-year product liability longstop leave little room for delay.