What is the burden of proof in a medical device injury case?

In a medical device injury case in California, the burden of proof is on the plaintiff (the person who is suing). The plaintiff must prove two things: 1) that a medical device caused the injury in question, and 2) that the manufacturer or supplier of the device was negligent in some way in making or selling it. In order to meet the burden of proof, the plaintiff must present evidence that shows both of these elements. For the first element, the plaintiff must show that the medical device was the direct cause of the injury or illness. This must be supported by expert testimony and evidence. The plaintiff must also show that the device was not being misused. If the device was being misused, the manufacturer or supplier may not be held liable for the injury. For the second element, the plaintiff must prove that the manufacturer or supplier of the device was negligent. This means that the plaintiff must show that the manufacturer or supplier failed to meet its duty of care, which means that they failed to take reasonable steps to protect the public from a dangerous device. The plaintiff must also prove that the manufacturer or supplier knew or should have known that their product was dangerous or that it had a high potential to cause harm. In order to meet the burden of proof in a medical device injury case in California, the plaintiff must demonstrate that the device was the direct cause of the injury or illness and that the manufacturer or supplier was negligent in making or selling it. If the plaintiff can demonstrate these elements, then they may be successful in their case.

What is the burden of proof in a medical device injury case?

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