DEPUY ASR DEFECTIVE HIP IMPLANT RECALL

DePuy Hip Implant Recall

DePuy ASR Defective Hip Implant Recall
While the DePuy hip Implant recall for defective metal-on-metal devices is in essence a product liability issue, persons affected by it may also have issues of medical negligence to address and should contact one of the medical negligence solicitors at Cian O'Carroll Solicitors. It is possible that in some cases,  the manufacturer of the product may argue that the cause of the implant's failure is not an inherent design failure but a error on the part of the orthopaedic surgeon to correctly position the implant during the operation. 

Should such a situation arise it would then be necessary for us to consider this argument and seek expert opinion. If that opinion confirmed surgeon error as the cause of the defect, it may then become necessary to join the surgeon or in the case of operations conducted under the care of the Health Service Authority (HSE), join the HSE under what is called the Clinical Indemnity Scheme which handles all such claims against the HSE. 
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It may be necessary to seek an independent post mortem examination to establish the precise cause of death and to examine the site of any recent surgical procedures. Usually it is possible to retain and instruct a pathologist to conduct the post mortem examination in conjunction with the coroner’s pathologist so that there is no undue delay caused to the funeral for the sake of the family

It may be necessary to liase with the Coroner to ensure that an inquest is held to establish the cause of death such as in a case where the death is reported as being from natural causes and would not otherwise attract the attention of the coroner.
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It may be necessary to seek an inquiry into the death by the hospital or care facility by the Health Information and Quality Authority (HIQA), the Health Service Executive (HSE) or one of the professional governing bodies such as the Medical Council.

If civil proceedings are ultimately brought for wrongful death, cases involving medical negligence do not go to the Personal Injuries Assessment Board (PIAB). Instead they proceed directly to the court system.