What is the difference between a defective drug injury claim and a medical malpractice claim?

A defective drug injury claim and a medical malpractice claim both involve individuals who have been injured by medical negligence. However, they are two separate and distinct types of claims. A defective drug injury claim involves a situation in which an individual or group of individuals suffers an injury caused by a defective drug or medical device. In such a case, the injury may be due to a mistake in the manufacturing process or incorrect labeling of the drug. In addition, an individual’s injury may be caused by the drug’s failure to provide the desired medical outcome. On the other hand, a medical malpractice claim involves injuries caused by the negligence or incompetence of a healthcare professional. This could include an incorrect diagnosis, a failure to diagnose a condition, or a mistake made during surgery. Medical malpractice also includes any act or omission by a healthcare professional that deviates from the accepted standard of care and results in harm to a patient. In California, individuals may be eligible for damages for both defective drug injury claims and medical malpractice claims. If successful, both claims can provide compensation for medical expenses, lost wages, pain and suffering, and other damages.

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What is the difference between a defective drug injury claim and a medical malpractice claim?

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