Medical advances in the last several decades have enabled people to live longer, healthier lives. Surgical tools and other medical devices have made it possible for many medical procedures to become less invasive, less risky, and require less recovery time. Unfortunately, defects in the way medical devices are designed or manufactured can make the products dangerous or even life-threatening to patients. If you were harmed by a faulty medical device, the fault may not lie with the medical facility or doctor who used the device. The fault may instead lie with the device designer, manufacturer, or seller.
Understanding the Difference Between Product Liability and Medical Malpractice
If a medical procedure or medical device caused you injury, you might assume that the injury falls under the umbrella of medical malpractice. However, a medical malpractice claim is appropriate when a medical professional or medical facility makes errors that cause injury to a patient. If a defect or flaw with the medical device itself was the cause of your injury, the issue may fall under product liability laws.
Defective medical devices may cause pain, discomfort, or infection. Implanted devices may migrate from their original location, disintegrate, or stop working as intended. Often, product liability claims involve medical devices that have been recalled by the Federal Drug Administration because they have been found to present an unreasonable risk of harm to patients.
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