What theories of liability are available in medical device injury cases?
In California, there are several theories of liability that may apply when a person has suffered an injury resulting from a medical device. The basic theory of liability is negligence. Negligence occurs when someone’s inattention or carelessness causes harm to someone else. They must have breached the duty of care that the law requires, and that breach must have been the proximate cause of the injury. In a medical device injury case, negligence could be attributed to the manufacturer, distributor, or a healthcare provider. For example, if a manufacturer knew their device was defective but did not make any effort to fix it, they could be held liable for any injuries caused by the device. In addition to negligence, California has several other theories of liability that may be applicable in medical device injury cases. They include strict product liability, breach of warranty, and misrepresentation. Strict product liability applies when a product is not reasonably safe and causes injury. With breach of warranty, it is necessary to prove that the manufacturer or distributor made a representation or warranty that was not true at the time of sale. Misrepresentation applies when someone makes a false statement of fact that is relied upon, and it causes someone else harm. All of these theories of liability can be used to seek compensation for an injury resulting from a medical device. It is important to discuss the details of a case with a knowledgeable attorney to determine which theory is most applicable.
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