What is the law on medical device liability?

In North Carolina, medical device liability is governed by the doctrine of strict liability. This doctrine basically states that a manufacturer of medical devices holds full responsibility for any injuries or damages that are caused by a defect or malfunction in its product. According to this doctrine, the manufacturer is automatically liable for any harm caused by its product, regardless of their fault or negligence. The North Carolina courts have accepted the doctrine of strict liability for medical device cases. This means that North Carolina consumers are protected from harm when using medical devices as long as they are using the product as intended. It is important to note that the doctrine of strict liability only applies to medical product liability and not other types of liability such as medical malpractice. When suing for medical device liability, the consumer must prove that one of the following factors exists in order to make a successful claim: that the medical device was defective in its design, manufacture, or warnings; that the medical product was not reasonably safe in its design; or that the product did not meet acceptable industry standards. North Carolina medical device liability cases can be complex and require skilled representation. If you have been injured due to a defective medical device, it is important to seek experienced legal help in order to ensure that your rights are properly protected.

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What is the law on medical device liability?

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