Is a defective drug injury claim different from a medical malpractice claim?

Yes, a defective drug injury claim is distinct from a medical malpractice claim in California. A defective drug injury claim is a lawsuit filed against a drug’s manufacturer or distributor. These claims are based on the legal theory of product liability, which holds these entities responsible for any injuries caused by the drug. Plaintiffs in these claims allege that the injury was a result of a defect present during the drug’s design, manufacture, or labeling. Some common claims include inadequate warnings, use of dangerous chemicals in manufacturing, and defective designs. Medical malpractice claims in California, on the other hand, are based on negligence. They allege that a medical professional failed to provide an acceptable level of care, and that this negligence caused an injury to the claimant. These claims do not necessarily involve defective drugs, but they may if a medical professional prescribed or administered an unsafe drug that caused an injury. The main difference between these two types of claims is that defective drug injury claims allege a product liability issue, while medical malpractice claims allege negligence. Thus, if you were injured due to a defective drug, you would likely file a defective drug injury claim, while if you were injured due to a medical professional’s error, you would likely file a medical malpractice claim. In either case, it is important to contact an experienced attorney to help you determine the best course of action for your specific situation.

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