What theories of liability are available in medical device injury cases?

In medical device injury cases in Illinois, there are three theories of liability that may be available. The first theory is negligence. Negligence occurs when a medical device manufacturer or seller fails to exercise the appropriate degree of care in the design, manufacture, or sale of a device, resulting in injury to a patient. An example of negligence might be the case of a patient who suffers an injury from a defective pacemaker. The second theory is strict liability. Strict liability means that the manufacturer and/or seller of a medical device is responsible for any injuries that occur regardless of fault. This basically means if a medical device is found to be defective, the manufacturer and/or seller is responsible for the damages regardless of whether they knew the device was defective. An example of this might be a case of a patient who was injured by an IV tube that was improperly constructed. The third theory is breach of warranty. Breach of warranty means that the manufacturer and/or seller has made a guarantee that the medical device is fit for use. If the medical device fails to meet the guarantee, and a patient is injured as a result, the manufacturer and/or seller can be held liable. An example of this might be a case where a patient is injured by a medical device that fails to adequately resist infection. Overall, medical device injury cases in Illinois can be complex, and victims may be entitled to compensation for their injuries under one or all of these theories of liability. It is important for injury victims to seek the advice of an experienced medical device injury attorney to ensure that their rights are protected.

What theories of liability are available in medical device injury cases?

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