Off-label use of medical devices
How to comply with the regulations when using a medical device differently to the manufacturer's instructions.
Latest change: This guidance has been updated now that the Government has made regulations that enable CE marked medical devices to continue to be accepted in Great Britain for defined periods beyond 30 June 2023.
AI Summary
The UK Medicines and Healthcare products Regulatory Agency (MHRA) provides essential guidance regarding the off-label use of medical devices, which occurs when a device is employed outside its manufacturer-specified intended purpose. This document outlines the legal and safety implications for healthcare professionals. Although there is no specific company or inspection date associated with this general guidance, it addresses the fundamental shift in liability that occurs when clinicians deviate from regulatory instructions. Under the UK regulatory framework, manufacturers are not held responsible for adverse events resulting from unauthorized use; instead, the responsibility falls on the clinician and their healthcare institution. The main issues identified include increased risks of device failure, unforeseen clinical complications, and the potential voiding of manufacturer warranties. To mitigate these risks, the guidance requires clinicians to conduct rigorous risk assessments and ensure patients provide informed consent that acknowledges the off-label nature of the procedure. Practitioners must also document clear clinical justifications for why the off-label use is necessary for patient care. This framework ensures that while clinical innovation is possible, it is balanced with strict accountability and patient safety protocols.
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