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 involve a person filing a legal claim due to harm caused by a product. However, there are key differences between the two types of lawsuits. A medical device injury lawsuit involves harm caused by a medical device, which is any device intended to diagnose, prevent, treat, or cure a medical condition. In North Dakota, the two main types of legal claims in a medical device injury lawsuit are product liability and failure to warn. Product liability claims involve allegations that the product was designed or manufactured defectively, causing a person harm, while failure to warn claims involve allegations that the manufacturer failed to provide proper instructions for the product’s use and/or failed to warn of potential risks associated with the product. In contrast, a product liability lawsuit involves harm caused by any product that is not a medical device. Product liability claims usually involve allegations that the product was designed or manufactured defectively, was not labeled properly, or had inadequate instructions or warnings. To sum up, a medical device injury lawsuit is focused on harm caused by medical devices, while a product liability lawsuit focuses on harm caused by all types of products, except for medical devices. In both cases, the injured person must show evidence of how the product caused their harm.

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What is the difference between a medical device injury lawsuit and a product liability lawsuit?

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