What legal precedents are relevant to a medical device injury case?
When it comes to medical device injury cases in California, there are several relevant legal precedents that could come into play. These include: The Learned Intermediary Doctrine: Under this doctrine, a manufacturer has a responsibility to provide physicians with adequate warnings regarding potential risks and complications that come with using their medical devices. This way, a doctor can make an informed decision about the device before prescribing it to a patient. The Implied Warranty of Merchantability: This doctrine states that the manufacturer of the device must ensure that the product meets certain standards that make it suitable for its intended purpose. This means that the device must be safe for patients to use and be of good quality. Negligence: A medical device injury case in California may also involve a negligence claim, in which it must be shown that the manufacturer acted in a careless manner, leading to an injury (e.g. failing to properly design or test the device). The plaintiff must also prove that they were harmed as a result of this negligence. Strict Liability: Under this doctrine, a claimant does not have to prove negligence in order to file suit against the manufacturer of the medical device. Rather, the plaintiff needs to show that the device was defective and that the defect was the cause of their injury. These legal precedents can be used by plaintiffs who have experienced an injury due to a medical device in California, and can help them to prove their case in court.
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