PRODUCT FAILURE

Most medical procedures require the use of a medical product, instrument, or equipment. Both the doctor and the patient rely on the manufacturer of these products to provide a properly designed and manufactured product. If the product is defective in design or construction, the manufacturer is liable for the injury and harm caused by the defective product. The injury victim's claim would be against the manufacturer, not necessarily the doctor or hospital. A claim for injuries arising from a defective product is very different than a claim against a health care provider that used the wrong product, or incorrectly used a product. A claim for misuse of a product would be a medical malpractice claim against the health care provider misusing the product, rather than against the product manufacturer. It is often very difficult to determine if the injuries were caused by a defective product, or misuse of a good product. Trained experts will need to review the medical records and examine the product to determine where the fault lies.

If you believe that you may have been injured by a defective medical product, call me and we will discuss it.

• Surgical Error
• Pharmaceutical Error
• Product Failure
• General Carelessness
• Informed Consent