How is a medical device injury case different from other personal injury cases?
A medical device injury case is different from other personal injury cases because it typically requires specialized legal knowledge. With medical device injury cases, attorneys must be familiar with the complex regulations and standards that are associated with the development and marketing of the medical device. Additionally, lawyers often need to employ experts in the medical and engineering fields to evaluate the product’s design and the harm it caused. In other personal injury cases, such as wrongful death or an auto accident, the focus of the legal issue is often on determining fault. With a medical device injury case, fault is not necessarily as important as it is in other cases. Instead, the legal focus is usually on whether the medical device caused a problem that led to the injury and if so, whether the company was aware of the potential risks associated with the device and took appropriate steps to warn consumers. Finally, the legal issues in these types of cases can involve the concept of “strict liability.” In these cases, a company may be liable for the injuries caused by their product even if they didn’t necessarily do anything wrong. This makes medical device injury cases particularly complex and quite different from other personal injury cases.
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