How can I determine whether the fault of a medical device injury lies with the manufacturer or distributor?
When determining who is at fault in a medical device injury, factors like manufacturing and design defects, warning labels, proper instructions, and other conditions surrounding the injury incident must be taken into account. In Tennessee, medical device injury law relies on the principle of strict liability. This means that in the case of damages caused by a medical device, the manufacturer, designer, or distributor of the device can be held liable even when they were not directly negligent. When determining who is at fault, one should consider the following elements: • Was the medical device defective when sold? If so, then the manufacturer, designer, or distributor can be held liable. • Was the medical device properly labeled and instructed? If not, then the manufacturer, designer, or distributor can be held liable. • Was the medical device used correctly? If not, then the user can be held liable. • Was the medical device altered after sale? If so, then the user can be held liable. Medical device injury claims can be complicated and it is important to consult an experienced lawyer in order to determine who is at fault for the injury. An attorney can help analyze the case and provide legal advice on how to proceed. Additionally, the attorney can help ensure that all of the appropriate evidence is collected and properly presented in court.
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