What is the burden of proof in a medical device injury lawsuit?
In a medical device injury lawsuit, the burden of proof lies with the plaintiff, who must demonstrate that the medical device was somehow defective or caused the injury. The three main types of defects that can be used as a basis of a lawsuit are design defects, manufacturing defects, and marketing defects. For a design defect, the plaintiff must prove that the device had a flaw in its design features that caused the injury. This is usually done by examining the design and testing it against industry standards. For a manufacturing defect, the plaintiff must prove that the device was manufactured incorrectly, resulting in the injury. This can be done through physical testing of the device, as well as examining records related to its manufacture. Finally, for a marketing defect, the plaintiff must prove that the device lacked proper warnings or instructions, or had inadequate instructions, resulting in the injury. This type of defect is particularly common when dealing with prescription drugs, as proper instructions must be followed for the drug to be used properly. In all three cases, the plaintiff must prove that the defect in the medical device caused the injury, rather than the patient misusing the device, or some other outside factor. This is the burden of proof that is placed in medical device injury lawsuits in Pennsylvania.
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