What laws govern medical device injury lawsuits?

In California, medical device injury lawsuits are governed by a variety of laws. The most important law governing such lawsuits is the Consumer Legal Remedies Act, which protects consumers from deceptive and unfair business practices, including those by medical device companies. It allows consumers to file claims for damages caused by medical devices that fail to meet the standards of care. The California Civil Code also governs medical device injury lawsuits, providing consumers with the right to sue for damages for personal injury caused by a defective product. Consumers may be able to recover damages for physical or emotional harms, as well as for medical costs, lost wages, pain, and suffering. In addition to state laws, there are federal laws that regulate medical devices. The Federal Food, Drug, and Cosmetic Act, for example, requires that medical device manufacturers obtain premarket approval from the FDA before marketing their products. This approval ensures that the device is safe, effective, and reliable. Finally, medical device injury lawsuits are also subject to product liability law. This law holds product manufacturers liable for any injury caused by their defective products. Consumers may sue for damages, including medical costs, pain and suffering, lost wages, and other costs associated with the injury. In summary, medical device injury lawsuits are governed by a variety of laws, including the Consumer Legal Remedies Act, California Civil Code, the Federal Food, Drug, and Cosmetic Act, and product liability law. These laws provide consumers with the right to seek compensation for physical, emotional, and financial harms resulting from a defective medical device.

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