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

Is it necessary to consult with a defective drug injury lawyer before filing a claim?
How long does a defective drug injury claim usually take to resolve?
Is a defective drug injury claim different from a medical malpractice claim?
What factors are taken into account when assessing a defective drug injury claim?
How do I determine whether I have a case against a pharmaceutical company?
What is the difference between a defective drug injury claim and a medical malpractice claim?
What type of medical expert is necessary to prove a defective drug injury claim?
What should I do if I think a drug I have taken is causing an injury?
What is the standard of proof in a defective drug injury claim?
Can I file a defective drug injury claim if I have already taken the drug?

Related Blog Posts

What You Need to Know About Defective Drug Injury Lawsuits - July 31, 2023
Understanding the Risks of Defective Drugs: Legal Protection - August 7, 2023
Recovering Damages After a Defective Drug Injury - August 14, 2023
When a Defective Drug Harms You: What You Need to Know - August 21, 2023
Negligence and Defective Drug Injury Law - August 28, 2023