What theories of liability are available in medical device injury cases?
In South Dakota, those injured by a medical device can file a product liability lawsuit based on one of three theories of liability: strict product liability, negligence, and breach of warranty. Strict Product Liability Strict product liability holds a manufacturer responsible for injuries caused by a product, even if the manufacturer was not negligent. As long as the product proves to be defective in some way, a plaintiff may recover damages from the manufacturer. Negligence In cases of medical device negligence, a plaintiff must prove that the manufacturer acted carelessly or recklessly with regards to the device. That could include a failure to properly test a device, improper labeling, or inadequate instructions. Breach of Warranty A breach of warranty claim may be brought when a defect in the device is the manufacturer’s fault. This could include a warranty that was not properly honored by the manufacturer. In any medical device injury case, claimants must show that their injuries were directly caused by the defective product. A plaintiff may also need to show that the medical device was used in accordance with the instructions provided by the manufacturer.
Related FAQs
How do I find an expert witness for my medical device injury case?What is the process for appealing a medical device injury verdict?
How do I obtain medical records for my medical device injury case?
What is the role of the plaintiff's attorney in a medical device injury case?
What is the difference between product liability and medical device injury cases?
What laws govern medical device injury lawsuits?
How do I submit evidence in a medical device injury case?
How do I determine the value of my medical device injury case?
What should I expect during the medical device injury lawsuit process?
What is the process for filing a medical device injury claim?
Related Blog Posts
Understanding Your Rights When You Are Harmed by a Medical Device - July 31, 2023Common Types of Medical Device Injury Lawsuits - August 7, 2023
Recommendations for Finding a Qualified Medical Device Injury Lawyer - August 14, 2023
The Role of the FDA in Medical Device Injury Law - August 21, 2023
Defining Negligence in Medical Device Injury Claims - August 28, 2023