What is the burden of proof in a medical device injury lawsuit?
In Washington, the burden of proof in a medical device injury lawsuit is the same as in any other tort litigation. In order for a plaintiff to win the lawsuit, they must demonstrate that the alleged injury was caused by a defective medical device. To do this, the plaintiff must prove four elements: that the medical device was defective in design, manufacture, or warning; that the defect existed before the device was purchased by the plaintiff; that the defect was the cause of the resulting injury or damage; and that the defendant is legally responsible for any resulting harm. At a minimum, the plaintiff must present enough evidence to convince the court that the medical device was defective. The plaintiff must provide evidence that the medical device was unreasonably dangerous or did not perform as intended at the time of sale or distribution. This can include demonstrating that the device was manufactured or designed improperly with known or foreseeable risks or that the instructions or warnings associated with the device were inadequate or missing. It is important to note that the burden of proof in a medical device injury lawsuit is on the plaintiff. The plaintiff must present enough evidence throughout the course of the trial to prove each element of their case. If the plaintiff fails to meet the burden of proof, then the defendant may be found not liable for any resulting injury or damage.
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