Damages caused to the patient by the use of a defective sanitary product. In the line of the Ala Octa Case

Abstract

Liability for defective medical devices presents some particularities that are analysed in this paper, in line with the sentences handed down in the ALA OCTA case, both in the contentious-administrative and in the civil jurisdiction; without prejudice to the study of other cases of defective medical devices on which jurisprudence has ruled (breast prostheses, hip and knee prostheses, defective catheters...etc.). Specifically, it is analysed the problem posed by the possible claim to the health center or institute within which the product is used or implanted; as well as the resolutions handed down in matters of liability of notified bodies and of the Spanish Agency for Medicines and Health Products.