Yes – if the person affected is unable to bring the claim themselves, a litigation friend can act on their behalf. This applies if the individual:

• Is under 18
• Has limited or no mental capacity
• Has experienced cognitive decline or disability that prevents legal decision-making

Litigation friends are often family members or close friends. They make legal decisions in the claimant’s best interest and liaise with the solicitor to progress the case.

Responsibility depends on what went wrong. A claim may be brought against:

• An NHS trust or private hospital, where the issue relates to selection, monitoring, or use of the device
• The manufacturer, where the product itself was unsafe or poorly designed

In some cases, both clinical and product-related failings are involved, and claims can run alongside each other.

A device does not need to break completely to be considered defective. Problems may only become apparent over time, such as unexpected pain, loss of function, infection, or the need for revision surgery. In many cases, defects are identified through:

• Product recalls or safety alerts
• A pattern of similar injuries in other patients
• Expert medical opinion linking the device to your symptoms

We assess whether the outcome you experienced was outside what should reasonably have been expected from the device.

This is common with implants and internal devices. Symptoms may develop gradually, or issues may only come to light once guidance changes or recalls are issued. Time limits often run from the point you first became aware that your injury may be linked to the device, not from the date it was fitted.

Compensation reflects the wider impact of the defective equipment, not just the initial injury. It may account for:

• Revision or corrective surgery
• Ongoing treatment, medication, or rehabilitation
• Loss of earnings or reduced ability to work
• Long-term pain, disability, or loss of independence

Each claim is assessed on its own facts, based on how your life has been affected.