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

Medical malpractice claims and products liability claims are both civil actions which may be taken when a person has suffered harm as a result of someone else’s negligence. However, the two are distinct and have certain differences. A medical malpractice claim is an action taken when a patient believes their doctor has failed to provide a reasonable standard of care during medical treatment. Whereas, a products liability claim is an action taken against a manufacturer (or seller) of a product that causes injury due to its design or defect. In Georgia, medical malpractice claims are subject to a “cap”, meaning a plaintiff’s total damages (including medical bills, lost wages, and certain economic losses) cannot exceed a certain amount. In contrast, there is no cap on damages pursued in a products liability claim. Additionally, the burden of proof for a medical malpractice claim is higher than for a products liability claim. To prevail in a medical malpractice lawsuit, a plaintiff must prove that their doctor acted negligently and that the negligence was the proximate cause of their injury. In a products liability claim, plaintiffs need only show that the product was in some way defective or that its manufacturer or seller failed to provide adequate warnings or instructions. Lastly, in a medical malpractice claim, a plaintiff may pursue punitive damages if their physician acted with gross negligence or intentional misconduct. Pursuing punitive damages in a products liability claim is much more difficult. Generally, punitive damages can only be awarded if the manufacturer knew of the defect and still sold the product. Overall, medical malpractice claims and products liability claims have different rules, standards of proof, and damages available.

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

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