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Is Your Injury Covered by Product Liability or Medical Malpractice?

6 September 2017No Comments

Doctor writing a medical prescription in hospital

Bad outcomes with health care happen each day. Doctors and other medical providers cannot guarantee results. They cannot predict if a medical procedure will be successful or if a medication will make you worse or have catastrophic side effects. However, when health care professionals make negligent mistakes, they can and should be held liable for injuries and death resulting from their mistakes.

However, when the injury is caused by a defective medical device or dangerous drug, the claim is covered by product liability rather than medical malpractice. If the health care provider knowingly used a defective device or prescribed medication “off label,” the doctor could be held accountable. Our experienced Texas product liability attorney can help determine who is liable and under what cause of action your claim should be filed to maximize your chance of recovery.

Call today for your free consultation with a product liability attorney. Contact our office 24/7 at your convenience.

Filing a Claim for a Defective Medical Device or Dangerous Drug

If you are injured by a malfunctioning or defective medical device or a defective drug, you might have a valid product liability claim against one or more parties. Responsible parties may include the developer of the defective product, the product’s manufacturer, the retailer, or the wholesaler. Product liability law protects consumers when they are injured by devices or drugs that were rushed to market, sold without proper warnings, or sold after hiding dangerous side effects.

If a product hurts you, you might be able to recover compensation for your:

  • Lost income, including any future loss of income or loss of earning capacity
  • Medical expenses, including the cost of future personal care or ongoing medical care for permanent disabilities
  • Mental anguish and physical pain
  • Scarring, disabilities, and disfigurement
  • Other out-of-pocket expenses related to your injury or recovery

The type and amount of compensation you may be entitled to receive depends on several factors specific to your case. Call our office — an experienced product liability attorney will review your claim for free to determine if you have a valid product liability claim for a defective medical device or dangerous drug.

Who is Responsible for My Injury?

The person or party who caused the defect can be held liable for damages. The responsible party depends on where in the process the defect occurred — the designing, manufacturing, or distributing stage.

A design defect can result in a dangerous product. In this stage, if an inherent problem caused the product to be defective, the designer or developer can be held liable for damages for injuries caused by the defective product. Sometimes a manufacturer will change the specifications of a product to cut costs during manufacturer or use a substandard component to save money. The manufacturer could be held liable for any defects resulting from this stage. Likewise, if the company marketing and selling the product fails to include adequate warnings of potential harm or instructions for proper use, the company can also be held liable.

For drugs and medical devices, the company which develops, manufactures, and markets the drug is usually the same company. It may be a subsidiary of a larger company. This means that it and its parent company may be liable for your damages.

Pharmaceutical companies and medical device companies are required to perform extensive and thorough tests to ensure the safety of their products. If their products have risks or side effects associated with use, the company must warn doctors and patients of the dangers so patients can make an informed decision whether to use the product. In some cases, even with the proper warnings, a company may be held liable for injuries caused by a defective product.

Call a Texas Product Liability Attorney

If you believe a defective medical device or unsafe drug caused your injury, we urge you to get legal advice about your rights and options for recovering monetary damages under Texas product liability laws.

Call Bandas Law Firm, P.C. at (361) 541-6413 for a free consultation at your convenience 24/7. You may also contact our office by using the contact form on our website. Our office is in Corpus Christi, but we help individuals throughout the United States.

Posted Under: Medical Malpractice