February 10, 2015
If a prescription drug or other medical device given by a doctor caused injuries to you or a loved one, you may have a viable claim. Moreover, you may have both a medical malpractice claim and a products liability claim. Medical malpractice and products liability claims can overlap in certain situations, so it is important to understand each claim and how it may affect your unique case.
Is It Medical Malpractice, Products Liability, Or Both?
When a prescription drug or medical device causes you or a loved one to sustain an injury, you may have both a medical malpractice claim and a products liability claim. Here is an overview of the two charges, and how to determine whether or not you have a claim for both:
- What is medical malpractice? When a patient is harmed due to the negligence of a doctor, medical malpractice has occurred.
- Do I have a medical malpractice claim? In order to have a medical malpractice claim, you must meet four basic requirements. These include proving that a doctor-patient relationship existed, the doctor was negligent, the negligence caused an injury and the injury led to damages. This is just a brief overview of the elements of a medical malpractice case, but for a more in-depth article, click to read: Do I Have a Medical Malpractice Case?
- What is products liability? Put simply, products liability is the area of law that holds manufacturers, suppliers, retailers and the like who supply products to the public and are responsible for any injuries those products cause.
- Do I have a products liability claim? In order to have a products liability claim, you must be able to prove that you were injured by a product that is proven to be defective, the defect caused your injury, and you were using the product as it is intended while you sustained the injury.
How to Prove Your Claim
In either case, it will be necessary to prove your claim in order to win your lawsuit and garner compensatory damages. Proving a claim involves proving these elements:
- Injury – You must be able to prove that you sustained an injury due to the defective product and/or the negligence of the medical professional.
- Defect – You must be able to prove that the drug in question was defective or marketed improperly.
- Causation – You must be able to prove that the defective drug caused your injury.
When to Call an Attorney
If you believe you or your loved one has a medical malpractice claim, a products liability claim or both, contact the attorneys at the Khonsari Law Group. The attorneys at KLG can guide you through this trying time and help garner the compensatory damages you or your loved one is entitled to. To learn more about how the Khonsari Law Group and what we can do for you, contact us today or click here to schedule a free consultation.