Sometimes a bad medical result is unavoidable even with the best medical care. However, there are outcomes that are the result of medical malpractice or product liability. Understanding the difference is a key factor in recovering compensation for your damages. In one case, you are suing a doctor, hospital, or another medical provider for negligence and a breach of the standard of care that caused you to be injured.
However, if a dangerous medication or a defective medical device caused your injury, you need to file your claim against the party responsible for the defective product. This claim falls under product liability and not under medical malpractice.
What is Product Liability?
A doctor or medical provided can take all steps to ensure that you receive the best medical care for your illness or injury. However, in many cases, the physician or medical facility is not responsible for a defective medical device or defective drug. In these cases, the manufacturer or another party is liable for the damages caused by their defective product.
When a manufacturer or distributor makes or sells a product, that party can be held liable if the product is dangerous or defective. The product can be inherently dangerous because of a defect in the design, or it can be defective because of a flaw in the manufacturing process. It is important to identify at what stage in the process from design and development to manufacturing, distribution, and sales the defect occurred to identify the correct party responsible for injuries caused by the product.
A product liability attorney can analyze the situation and investigate the matter to determine if the claim is based on strict liability, breach of warranty, or negligence. Because a product liability claim can be complex, especially when it involves a medical injury or illness, it is important to consult an experienced product liability attorney as soon as you suspect a defective product may have caused your injury or illness. The law limits your time to file a product liability claim. Therefore, you should not delay contacting our office for a free consultation.
Defective Medical Devices
Most medical devices work as they are intended and help patients recover from illnesses and injuries. However, faulty medical devices can cause severe injuries and death. Patients who have been treated with defective medical devices can suffer additional injuries, painful side effects, and permanent disability. In addition to the pain and suffering caused by defective products, patients can suffer substantial economic losses including medical bills, lost wages, and other out-of-pocket expenses.
If your injuries were the result of a defective product, you might be entitled to compensation for your damages. Our product liability attorneys can help you hold the company responsible for the defect or flaw accountable for their actions. Big medical equipment manufacturers must be held liable when they allow defective equipment to be manufactured and sold.
Likewise, drug manufacturers can also be held accountable and liable when they develop, manufacture, and market dangerous drugs. Many drugs have side effects; however, some drugs cause serious, life-threatening conditions. Pharmaceutical companies who fail to perform adequate testing, hide adverse effects, or fail to inform physicians and patients of the potential side effects or dangers of using the drug.
Some issues arise when drugs are used for “off-label” purposes because the drug companies market the product for uses other than FDA-approved conditions. A liability claim can arise when a person is injured or dies because the company said it was safe to use the drug for a condition that was not an FDA-approved use.
Damages in a Product Liability Case
You might be entitled to receive compensation for your medical bills, lost income, physical pain, emotional suffering, and other damages if a defective medical device or dangerous drug caused you to be injured. If a loved one died because of a defective product, you might be entitled to compensation as a family member.