What is the applicable law to a medical device injury case?
Under California law, medical device injuries are covered by product liability laws. These laws hold manufacturers and sellers of products responsible for damages caused by dangerous or defective products. When it comes to medical devices, this means that the company that manufactured the device can be held liable for any injuries suffered by users. Additionally, any medical professionals or facilities that prescribed, recommended, or administered the device can also be held liable for injuries caused by the device. To make a valid claim for a medical device injury, the user must prove that the device in question was defective in some way, and that the defect caused the harm suffered. Additionally, the user must be able to demonstrate that the defect existed when the device left the possession of the manufacturer. It is also important to note that in order for a claim to be valid, the user must bring the suit within a certain amount of time after the injury was suffered. This time limit is known as the “statute of limitations” and can vary depending on the type of injury suffered. Finally, it is important to understand that medical device injury cases can be complex, and require considerable legal knowledge and expertise. If you have been injured by a medical device in California, it is strongly recommended that you contact an experienced product liability lawyer as soon as possible. They can help you understand your rights and options and give you the best chance of a successful outcome.
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