Product Liability & Medical Malpractice
Nearly any industry you can think of carries liability and is subject to regulation. Whether it is the car you drive or the pest repellant you would use in your home, every company has some degree of obligation to their consumers. This obligation applies in the medical field, too, and those who breach their legal obligations are guilty of medical malpractice.
Although these types of cases have definite differences, they are similar because they have breached ethical and legal obligations to the consumer’s well-being. In product liability, this obligation relates to the goods used by consumers that cause intentional or unintentional harm; in medical malpractice, this obligation relates to the care of a consumer’s health. In their breaching of these liabilities, the responsible parties gave defective goods or services to the people who trusted them.
Some common occurrences, specific situations, and general types of cases are:
- Product Liability and Medical Malpractice
Product liability law differs from traditional injury law in the sense that it focuses on who is responsible for selling and profiting from defective or dangerous products. All parties in the distribution chain of selling the product carry some obligation for these situations.
In general, consumer protection law says a product is legally required to perform the tasks as promised. At the very least, it must not put consumers at undue risk. Product liabilities will vary state by state, and each state sets standards on what constitutes liability or negligence.
Types of product defects include:
- Design Defects
- Manufacturing Defects
- Marketing Defects
Medical malpractice occurs when medical personnel – specifically doctors or other professionals – act in a manner that is negligent, which then results in harm to the patient. These cases are difficult to navigate, especially when also dealing with health concerns caused by the incident, and require expert legal assistance. The steps for medical malpractice involve determining if the case falls under malpractice or negligence and gathering the evidence required.
Types of medical malpractice cases include:
- Surgical errors
- Birth injuries
- Delayed diagnoses
In a modern economy, business is complex. There are more channels of distribution and very few businesses both create and sell products as a sole proprietorship. This new way of doing business creates other participants such as manufacturers, assemblers, 3rd party distributors or wholesalers, transporters, providers, and sellers as part of the process.
With so much to keep track of, companies may point to this as a reason for why they are not responsible. Furthermore, product liability cases are required to show that the product is defective, caused a severe injury, and that the product is significantly risky. Medical malpractice cases require proving the attending medical personnel were at fault for negligence or malpractice. Being able to understand this complicated process and being well-versed in the applicable legal codes is essential to navigating these cases.Find out More About What You can do
We have laws in place to protect consumers and patients, and prevent companies and hospitals from acting recklessly. These laws are put in place to ensure that they are selling products responsibly and treating patients ethically. While they are here to protect us, they can still be hard to understand. The right attorney can help you make sense of potentially confusing legal guidelines and assist you in navigating the steps necessary for your claim. With excellent legal representation, you can learn about your available options and what you may be entitled to receive in such cases of negligence.
If you feel you incurred a severe injury due to the negligence of a product or medical personnel, we can help you understand if you have a case. Also, keep in mind that if it happened to you, it may have happened to many others, which would mean the potential for a class action lawsuit. A class action lawsuit would involve many participants and can demonstrate even more validity to the claim being presented, thereby offering a greater compensation that is then shared among the recipients.