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

How do I find an experienced attorney for my defective drug injury claim?
Are there any legal costs associated with filing a defective drug injury claim?
How much can I receive in damages for a defective drug injury claim?
Is it worth pursuing a defective drug injury claim?
Is it possible to pursue a defective drug injury claim as a class action?
How long do I have to file a defective drug injury claim?
Is it possible to recover punitive damages in a defective drug injury claim?
What types of evidence are needed to prove a defective drug injury claim?
Can I receive punitive damages in a defective drug injury claim?
What are the legal options if I have been injured by a defective drug?

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