What legal remedies are available for victims of medical device injury?
In California, victims of medical device injury have a few legal remedies available to them. The most common of these is a "product liability claim," which is when a person claims they have been injured due to a defect in a product they used. In a product liability claim, the victim must prove that either the product was defective when they purchased it, or that the product was not adequately tested before it was put on the market. In addition to a product liability claim, a victim of medical device injury can also sue for negligence. To do this, the victim must show that the manufacturer or distributor of the device acted with negligence, such as failing to adequately test the device before selling it. Finally, a victim of medical device injury can also opt to pursue a medical malpractice claim. This would be appropriate when the doctor or medical professional whose fault led to the injury is the defendant. To succeed in a medical malpractice claim, the plaintiff must prove that the doctor or medical professional did not act within the standard of care expected in the medical field. Victims of medical device injury in California thus have a few legal remedies available to them. With a product liability claim, negligence claim, or medical malpractice claim, victims of medical device injury can seek compensation for any injuries they have suffered due to a defective product or negligent medical care.
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