What are the potential defenses in a medical device injury case?

A medical device injury case in California can involve many potential defenses. Some of these may include: • Comparative Fault: If the plaintiff was found to have contributed to the injury through negligence or careless behavior, they may not be able to recover damages. • Manufacturer Negligence Defense: The manufacturer of the medical device may argue that they were not negligent in the design or manufacture of the device, and that the injury was not a result of their product. • Statute of Limitations: California has a statute of limitations for filing a medical device injury lawsuit. If the statute of limitations has passed, the plaintiff may be barred from recovering compensation. • Contribution and Indemnity: Medical device manufacturers may raise this defense if other parties also had a role in the injury. The manufacturer may attempt to seek indemnity from the other party, meaning that the other party should be held responsible for a portion of the damages. • Assumption of Risk: If the plaintiff knew about the potential risks of using the medical device and chose to use it anyway, the manufacturer may use this as a defense. • Product Misuse: If the plaintiff used the device in a manner not intended, the manufacturer may claim that the misuse caused the injury. These are just a few examples of potential defenses in a medical device injury case in California. It is important to consult a qualified lawyer to learn more about all available options.

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What are the potential defenses in a medical device injury case?

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