Sometimes the medical devices and products that are meant to help patients
end up doing great damage. If you are suing a hospital, doctor, or other
medical professional for an injury or condition resulting from the use
of a certain medical device, you may be unsure whether you should file
a products liability claim or a medical malpractice suit.
In many cases, it may be in your best interest to file for both, especially
since it may be in your best interest to file every kind of legal claim
you can, in order to increase your chances of being able to hold the responsible
parties financially for your injury. However, different proof is required
when making either case.
Qualifications for Making a Products Liability Case
Many product liability cases involve failure of devices such as defibrillators,
stents, implants, and pacemakers, which are designed to help the body
continue or regain its normal function. When such devices harm the patient
by breaking, failing to perform, or operating incorrectly, a patient’s
life can be placed at immediate risk, and the manufacturer can sometimes
be held responsible for the damage done. In order to reasonable likelihood
of success when filing a products liability claim, you must be able to
prove the following:
- Your injury is directly related to the product in question.
- The product in question was defective at the time of your injury or marketed
- Your injury occurred due to misleading marketing or defect.
Defective marketing is a critical point in products liability cases and
can take a variety of forms. This occurs when the product by which you
were injured did not come with appropriate warnings or instructions or
was used according to misleading recommendations. These can come from
a variety of sources, including the retailer, the medical sales rep, the
If you are able to meet the above qualifications for bringing a medical
products liability case, you may be able to sue the manufacturer, the
laboratory where the product was tested, the medical sales rep who recommended
the product to your doctor, and/or the retailer who supplied the product
to the hospital or doctor. (Depending on the circumstances of your injury,
you may not be limited to only one of these and may be able to sue multiple parties.)
Qualifications for Making a Medical Malpractice Case
Sometimes patients experience worsened conditions, longer hospital stays,
and unnecessary suffering because of their physician’s conduct.
In order to have a shot at proving that your doctor was responsible for
your injury, you must be able to prove the following:
- Your doctor behaved recklessly, negligently, or without exercising due caution.
- Your injury is a direct result of your doctor’s reckless, negligent,
or otherwise improper action.
- Your injury resulted in specific damages, such as pain, suffering, lost
wages, changes in employability, and medical expenses
If you were harmed by a medical product or device largely due to your doctor’s
failure to read instructions, consider the appropriate uses of the product,
and understand its purposes, risks, etc., your doctor is more likely to
be held responsible than the creator of the product.
Experienced Medical Malpractice and Products Liability Lawyers in Wichita
Hutton & Hutton Law Firm, LLC, we are here to help you assess the damage done, figure out who is responsible,
and make the right people are held accountable for your suffering. Even
if you’re unsure what kind of suit to bring, get in touch with our
Wichita medical malpractice and products liability attorneys right away.
Call (316) 313-4730 right away or email us
to schedule your complimentary consultation right away.