Product Liability vs. Medical Malpractice

WHO IS RESPONSIBLE WHEN THINGS GO WRONG WITH A MEDICAL DEVICE OR DRUG? THE PRODUCT'S MANUFACTURER OR THE DOCTOR WHO USED IT?

The line between product liability and medical malpractice claims can be difficult to discern. Indeed, on rare occasions, a claim may be brought under both theories in the same lawsuit. More commonly, however, a selection is made between the two theories.

While there can be several reasons for this, significant consideration is usually given to whether the manufacturer communicated accurate and complete information to the physician about the risks posed by the particular drug or device. If the manufacturer has failed to provide the physician and patient with accurate information about a drug or device's risks, the manufacturer may be liable for the harm done by the product. Conversely, if a physician has ignored or disregarded the manufacturer's warnings or instructions, then it is more likely that the physician may be liable for malpractice.

Whether there is a legitimate basis to pursue either a manufacturer or the physician is a complex question. If you are concerned that you or your loved one has needlessly suffered serious injury due to a defective drug, defective medical device or possible medical negligence, you should contact the experienced defective drug and malpractice lawyers at Spangenberg Shibley & Liber LLP.

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Should you file a lawsuit? You won't know until you talk to an experienced attorney. Contact us or call us to arrange a free, confidential consultation. You can get answers, find out what happened, and help prevent similar needless injuries from happening to other people, too.

We handle our cases on a contingency-fee basis: if we can't help you recover money damages, you won't pay attorneys' fees. When you meet with us to discuss your case, it will be with an attorney, not an investigator or paralegal. We also have Spanish and Ukrainian interpreters available. Contact us today to get us started on investigating your claim from our Cleveland headquarters.

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