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Products Liability or Medical Malpractice?


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 improperly.
  • 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 packaging, etc.

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

At 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) 688-1166right away or email us to schedule your complimentary consultation right away.