Medical Device vs. Medical Malpractice Claims

By attorneyatlaw
November 23, 2021

For people who have been injured during a surgical procedure, it may be a daunting task to figure out what entity or entities to sue in order to receive compensation. Was the complication caused by human negligence or was it the fault of a medical device manufacturer? Should both the surgeon and medical device maker be sued? 

The best course of action for those harmed by a medical procedure is to seek legal representation with extensive experience in handling defective medical devices or medical negligence claims. 

In medical malpractice claims, individuals such as surgeons, doctors or other medical professionals are the target. Medical device defect claims, on the other hand, are by and large directed at manufacturers of the devices. 

However, medical device lawsuits don’t always end with makers of the defective products. Hospitals may also be named as a defendant in a suit. If appropriate, a medical device lawsuit may also include a claim that a device was improperly implanted by the medical staff. 

Deciding which defendants to name in a lawsuit is challenging and requires a skillful product liability attorney.

Was the standard of care received by the patient reasonable? Or did substandard care result in the injury? If the standard of care is deemed adequate, then the appropriate course of action would be to file suit against the product manufacturer.  

A skilled product liability attorney will decide whether the injury was caused by a manufacturing defect—the most common cause of a medical device lawsuit—or failure-to-warn advertising claims, or in rarer cases, a design defect. 

Where To Find the Best Product Liability Attorney

If you’ve been injured by a faulty medical device or because of medical negligence, the best resource to find highly-skilled legal representation in your area is Attorney at Law.

At AAL, our nationwide network of attorneys and law firms can match you with a local attorney who has the experience and resources necessary to pursue your case to its fullest extent. 

Our partners focus on the client experience and treat your case with the urgency it needs. Additionally, our partners work on contingency for all personal injury cases. That means if you don’t win, you don’t pay.

Don’t wait. Contact AAL today for a free, no-obligation consultation and begin your journey to better health.

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