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

In a medical device injury case in Washington, the potential defenses include contributory or comparative negligence, assumption of risk, breach of express warranty, lack of causation, statute of limitations, and statute of repose. Contributory or comparative negligence is a defense that claims the plaintiff was partially or primarily responsible for the accident. For example, if the plaintiff was using the medical device improperly or if their medical condition was not properly disclosed before using the device. Assumption of Risk is a defense that claims that the plaintiff was aware of the risks involved with using the medical device and accepted those risks. Breach of Express Warranty is a defense that claims the manufacturer of the medical device failed to fulfill any warranties stated in the product’s packaging. Lack of Causation is a defense that claims the medical device was not the cause of the plaintiff’s injuries. Statute of Limitations is a defense that claims the plaintiff did not file a lawsuit within the legal time frame required by the state or jurisdiction. Statute of Repose is a defense that claims the injury occurred more than a certain number of years after the medical device was purchased, and therefore the manufacturer cannot be held liable. In a medical device injury case, any one or combination of these potential defenses may be used by the defendant in an attempt to have the lawsuit dismissed. It is important for plaintiffs to understand these defenses and be equipped to prove their case if they wish to successfully pursue legal action against the manufacturer.

Related FAQs

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

Related FAQs

Related Blog Posts