How can I determine whether the fault of a medical device injury lies with the manufacturer or distributor?
In California, determining the fault of a medical device injury can be a complex process and depends on several factors. The first factor to consider is liability. Manufacturers and distributors can be held liable if their medical device caused an injury due to a design defect, a manufacturing defect, or a failure to warn or inform consumers of possible risks associated with the device. The second factor to consider is the circumstances surrounding the injury. If a consumer was not using the device properly, or if the consumer can provide evidence that the device was misused or improperly maintained, then the manufacturer or distributor may not be liable for any resulting injury. Lastly, an attorney can assess the facts and determine whether the fault of the injury lies with the manufacturer or distributor. An attorney can review evidence such as medical records and diagnose reports, as well as assess any other evidence relevant to the case. Based on their review, they can evaluate who is most likely liable for the injury. In summary, determining the fault of a medical device injury in California requires a careful evaluation of the relevant facts and evidence. An attorney can help review the evidence and assess whether the fault of the injury lies with the manufacturer or distributor.
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