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

Yes, a defective drug injury claim is different from a medical malpractice claim. A defective drug claim typically involves a lawsuit against the manufacturer of a drug that has caused a person serious harm after they took it. This type of legal action is based on the claim that the drug was unreasonably dangerous as it was designed, labeled, manufactured, and sold. This could be due to inadequate warnings of possible side effects or due to the drug being defective in some other way. On the other hand, a medical malpractice claim is a lawsuit against a healthcare provider for their negligence in providing medical care. This could include a doctor, nurse, or technician, as well as a hospital or other healthcare facility. It may involve claims of misdiagnosis, incorrect treatment, or failure to follow standard medical procedures. Both defective drug injury claims and medical malpractice claims may have different standards of evidence and proof, as well as different statutes of limitation in New York. A person who is injured due to a defective drug may want to consult a lawyer who is knowledgeable in this area to determine if the claim can be pursued.

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