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

Defective drug injury claims and medical malpractice claims are two different types of legal claims related to healthcare. In Washington, the difference between these two claims can be found in the legal basis for the claim. A defective drug injury claim is a product liability claim against a drug manufacturer or distributor, and seeks to hold the defendants responsible for losses or damages suffered due to a defective drug. Defective drug injury claims can be based on different grounds, such as design defect, manufacturing defect, failure to provide adequate warnings, or misrepresentation of the drug’s properties. In this type of claim, the plaintiff does not have to prove that the defendant doctor or healthcare provider was negligent. In contrast to a defective drug injury claim, a medical malpractice claim is based on negligence by a healthcare provider. This type of claim seeks to hold a healthcare provider accountable for the injuries suffered by a patient due to a healthcare provider’s deviation from the accepted practice of medicine. In a medical malpractice claim, the plaintiff must prove that the healthcare provider’s negligence was the direct cause of the harm suffered by the patient. The differences between a defective drug injury claim and a medical malpractice claim are important to understand in order to appropriately pursue a claim in a Washington court. If you or a loved one has suffered an injury related to a defective drug or medical malpractice, contact an experienced Washington defective drug injury or medical malpractice lawyer to discuss your legal options.

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

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