Safe use of Disability Equipment: Legal Aspects

MR MICHAEL MANDLESTAM MSc DipLib

One or two day workshop

Users of equipment, as consumers, are concerned that the equipment they use is safe. Equally, professionals involved in the supply of disability equipment are concerned about safety issues affecting both their clients and patients, as well as themselves, and their potential legal liability in case of accidents.

There are many stages in the equipment supply process at which things can go wrong and result in dangerous practices, accidents and injury, sometimes serious. For instance, design, manufacture, delivery to a supplier, inspection, storage, prescription or recommendation, delivery, instructions, information, reviewing, recycling, refurbishing, adapting - and so on. In addition, there has been confusion about the implications of 'CE marking' of 'medical devices' under the Medical Devices Regulations 1994 which have been compulsorily in force from June 1998.

With particular reference to the common law of negligence, the Consumer Protection Act 1987 (product liability), the General Product Safety Regulations 1994, the Medical Devices Regulations and some health and safety legislation, the course will explore potential legal obligations and liabilities in relation to the provision of equipment - and the equation between law and professional good practice. A practical and participative approach will be taken, using everyday examples and avoiding legal jargon.