What is the difference between product liability and medical device injury cases?
Product liability and medical device injury cases are very similar in legal terms, but there are some distinct differences between the two. Product liability cases involve a consumer suing a manufacturer for damages they have suffered due to a product defect. The product defect could be due to issues such as manufacturing, design, or marketing, and the plaintiff must prove that the product was inherently defective or not properly labeled. Medical device injury cases, on the other hand, involve a patient suing for damages caused by a medical device. These cases can be complicated, as the patient must prove that the device was either defective or that the manufacturer failed to provide adequate warnings to the patient before use. This type of case also often involves questions of medical malpractice, as doctors may have selected an inappropriate device for the patient or failed to properly monitor the patient’s use of the device. The main difference between product liability and medical device injury cases is that in the latter, it requires a higher standard of care from the manufacturer to prove negligence. In product liability cases, the plaintiff must show that the product was inherently defective, but in medical device injury cases, the plaintiff must prove that the device was either defective or that the manufacturer failed to provide adequate warning about its use.
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