Jurisdiction(s):
United Kingdom

UK product liability under the CPA 1987 for IoMT and wearables: defects, multi-party responsibility, evidential data and risk planning

Published on: 29 March 2019

Published by a LexisNexis TMT expert

Legal News

Article summary

The swift expansion of IoMTs has delivered major advances in healthcare across the board, enhancing efficiency and elevating the quality of care provided to patients. Deloitte recently observed that the IoMTs market is projected to be worth USD158.1bn by 2022. Wearables, lifestyle gadgets and mobile health applications are steadily gaining traction with consumers of all ages. A broad selection of connected, intelligent health devices now exists, from smart watches, smart earplugs and smart glasses to activity trackers and other tools that help us keep tabs on our fitness. We are tracking our steps, heart rate, pulse, blood pressure and receiving prompts about when medicines should be taken on time. As with any product, the chance of malfunction or defect that causes personal injury or damage to property remains tangible. For connected technologies in particular, the legal position is complicated by the numerous parties engaged in the design, development, operation, maintenance and support and updating of these items. Healthcare IT suppliers, network operators, manufacturers, hospitals and end users must each work to help ensure safety is not sacrificed in the drive for innovation.

The existing product liability regime

Medical devices and the healthcare sector have long been subject to product liability...

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