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Medical Malpractice And Product Liability: A Nasty Mix

doctor writing a prescription

Author: Bob Goldwater, Esq.

Medical malpractice cases arise when a doctor or other healthcare professional makes a mistake that causes severe harm to a patient. Product liability cases arise when a product is dangerous, even when used just like it’s intended to be used. Both can be really devastating to the average person who has every right to count on the competency of a doctor and the proper functioning of a device or product.

Sometimes, these two kinds of cases can cross over, especially in terms of surgical equipment failure and prescription medications. Knowing when they cross over can be important to getting the compensation you deserve. Learn why medical malpractice and defective product cases can all too often cross over, and how a product liability attorney can help sort it out.

Medical Malpractice

Medical malpractice revolves, like many kinds of personal injury cases, around the idea of negligence. Every person has a basic duty of care towards other people, not to put them in danger. When it comes to healthcare, this duty is increased since doctors take an oath to do no harm.

If you can show that a doctor or medical professional violated this duty and that this violation directly caused you serious harm, you can often pursue a medical malpractice case. This can entitle you to significant compensation for your medical bills, pain and suffering, and more.

Product Liability

Product liability doesn’t revolve around a strict legal concept of negligence, though the idea is similar. In a product liability case, you are focusing on the product itself. Either it was designed with a core flaw that makes it dangerous, it was manufactured poorly which left it open to some sort of danger when properly used, or the manufacturer failed to include proper documentation regarding the product’s risks.

When a product comes to market with such a flaw, and someone uses it as intended but gets hurt due to this flaw, they can file a product liability claim. This also opens the door to significant compensatory damages.

When Medical and Products Mix

Sometimes, malpractice and defective products mix. If a doctor who should’ve known better prescribes you a drug with inadequate documentation, and you suffer a side effect that you were never warned existed, you may have a case against both the doctor and the company.

If a healthcare provider uses a new piece of equipment which fails and harms you and had they been better trained they might have caught the danger even though it’s not documented, both the provider and manufacturer could be at fault.

Product Liability Attorney Help

These “combined cases” can be quite difficult, as all the parties involved will try to shift the blame off themselves and onto someone else. The right product liability attorney who is also experienced in medical malpractice can sift through the mire and get to the heart of the matter.

Patients who need help in this area in Mobile, Alabama, know when they need help to turn to Andy Citrin Injury Attorneys for advice and guidance. If you’re in a situation like this, contact us for a consultation today!

About The Author

Bob Goldwater is a talcum powder lawsuit attorney and founding partner of the Goldwater Law Firm in Arizona. Bob focuses his practice primarily on mass tort lawsuits regarding defective products, defective drugs, and defective medical devices. To learn more about the Goldwater Law Firm, please visit