What are the differences between a medical malpractice claim and a products liability claim?

Medical malpractice and products liability claims, though similar, have distinct differences. In California, a medical malpractice claim is commonly filed in cases where a medical professional or health care provider has caused harm to a patient due to a deviation from the accepted standard of care. This type of claim is rooted in negligence, as the medical professional failed to act as a reasonable person would have in the same situation. The plaintiff, in such a case, must prove that the medical professional failed to act in the accepted standard of care, and that this failure in care directly caused the plaintiff’s injury. On the other hand, a products liability claim is rooted in a defective product, as opposed to a negligent medical professional. This type of claim is usually brought against a manufacturer, distributor, or retailer of a product that was found to be defective, causing the plaintiff harm. Defects can include design, manufacturing, or marketing defects. These defects must have caused the plaintiff’s injury. The plaintiff must prove that the product was defective, and that the defect caused their injury. Thus, the major difference between medical malpractice and products liability claims lies in the root cause of the plaintiff’s injury. Medical malpractice claims are rooted in negligence, while products liability claims are rooted in a defective product. Both claims, however, require the plaintiff to prove that their injury was directly caused by the alleged wrongdoer.

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What are the differences between a medical malpractice claim and a products liability claim?

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