What is the difference between a medical device injury lawsuit and a product liability lawsuit?
A medical device injury lawsuit and a product liability lawsuit both focus on holding manufacturers and sellers responsible for any injuries caused by the use of the products they have produced. However, there are some differences between the two legal cases. Medical device injury lawsuits typically involve medical devices that are intended to be used for medical treatment. Examples could include a pacemaker, implantable device, wheelchair, medical machine or equipment, and more. The lawsuit is usually brought forth when a device has been incorrectly designed, manufactured, sold, or marketed. This can result in serious injuries and the injured party has the right to pursue legal action. Product liability lawsuits, on the other hand, are broader in nature and involve any type of product, not just medical devices. These could include everything from household appliances to clothing. The focus of a product liability lawsuit is mainly on the product’s construction or how it was advertised. If there are any defects in the product, the manufacturer or seller may be held liable and the injured party can take legal action. In Kansas, both medical device injury and product liability lawsuits have to be filed in the district court of the county where the injury occurred. It is important to speak with an experienced attorney about the differences between the two cases and the best course of action to take.
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