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

Medical malpractice and products liability are two types of legal claims, but there are important distinctions between them. In Washington, medical malpractice claims are based on the idea that a healthcare provider has failed to meet the standard of care, resulting in injury or death to the patient. To prove this, the patient must demonstrate that the provider made a mistake or committed negligence in some way. In contrast, products liability is a claim against a manufacturer or seller of a product for failing to identify or warn of potential dangers associated with the product and resulting in injury to the consumer. This type of negligence does not involve the health care provider. For example, a consumer injured by a defective airbag in a car accident would seek compensation from the manufacturer of the airbag, rather than the hospital or doctor who treated the injury. In addition to these differences, the burden of proof also differs between medical malpractice and products liability claims. In a medical malpractice claim, the patient must prove that the health care provider failed to uphold the standard of care and that the failure was responsible for the injury. In a products liability claim, the consumer must prove that the product was defective by demonstrating that it did not meet the standards of safety that would have been expected at the time of purchase. Overall, the differences between medical malpractice and products liability claims are important in determining the degree of responsibility for an injury or death. By understanding these distinctions, consumers can better determine how to protect themselves from potential liability.

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

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