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

The difference between a defective drug injury claim and a medical malpractice claim in New York is related to the cause of the harm sustained by the patient. In a defective drug injury claim, the injury is caused due to a defect in the drug product or due to inadequate labeling or instructions. The drug manufacturer, distributor, or seller could be held liable for damages if it can be established that there was negligence in their part. On the other hand, in a medical malpractice claim, the injury is caused due to the wrong medical treatment or due to the negligence of a health care professional. This includes things such as incorrect diagnosis, errors in surgical procedures, or failure to provide the required standard of care. In such a case, the health care professional or the institution where the malpractice took place could be held liable for damages if it can be established that there was negligence or deliberate wrongdoing. In both cases, the patient can seek compensation for their suffering, medical expenses, and other damages. In both cases, it is important for the patient to consult a qualified legal professional to understand their rights and to determine the best course of action to take to pursue a claim.

Related FAQs

Are there any class action lawsuit options available for defective drugs?
Is it necessary to consult with a defective drug injury lawyer before filing a claim?
Can I sue a drug manufacturer for a defective drug injury claim?
Who is liable in a defective drug injury claim?
How can I find the best defective drug injury lawyer for my case?
How do I prove that a defective drug caused my injury?
What type of settlement can I expect if I win a defective drug injury claim?
What type of doctor should I see if I think I have been injured by a defective drug?
Can I recover damages for lost wages in a defective drug injury claim?
How much time do I have to take legal action against a drug manufacturer?

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

Related FAQs

Related Blog Posts