Medical Devices and Defective Product Claims
- April 18, 2018
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Product liability cases, sometimes called strict liability cases, are different from medical negligence cases. Some injuries that happen in a healthcare setting can be attributed to defective medical devices, implants and other products. However, product liability claims are made against the manufacturers or sellers of the product. Medical malpractice claims are made against a health care professional.
Product liability focuses on whether the product was reasonably safe. Different states have different laws regarding product liability, but generally if the product contains an inherent defect that is unreasonably dangerous and causes injury to a foreseeable product user, the manufacturer or seller may be liable. There are three general ways a product can be defective. They are:
- Design defects occur when the product itself is dangerous and defective, such as cigarettes and asbestos.
- Manufacturing defects can happen when the defect occurs during the manufacturing process.
- Marketing defects refers to a problem with the product’s advertising or instructions.
Product liability law holds the manufacturer of the product liable, as well as the manufacturer of the product’s component parts, the wholesaler and the retailer. Medical devices are any type of physical equipment or instrument that is used in the course of medical treatment. A simple medical device might be a thermometer. Complicated medical devices might be prosthetic knees or pacemakers. Medical devices are regulated by the US Food and Drug Administration (FDA) according to their complexity, usage and potential dangers. Accordingly, a thermometer would have minimal regulations and a pacemaker would be very heavily regulated.
Defective product claims can be challenging and very complex. If you think that you or someone you love has been injured or has died as a result of a defective medical device or product, it is imperative to call an attorney who has the skills and experience to provide the most effective legal representation available. Victims of defective medical devices deserve compensation for their pain and suffering. If you or a loved one has been injured by a defective medical device, contact the personal injury lawyers at Rockland Injury Lawyers. We have over 50 years of experience in handling all types of personal injury cases. Call us at 845-709-8005 or 800-940-1799 or email at firstname.lastname@example.org or email@example.com.