When a medical device meant to heal ends up causing harm, the line between medical malpractice and product liability can be hard to distinguish. Understanding which type of claim applies to your situation is crucial to ensuring your legal rights are protected and your case is handled appropriately.

If you or a loved one has been injured due to a defective medical device, speak with a medical malpractice attorney who knows how to distinguish between these complex legal areas. Call our Los Angeles defective medical device lawyers now at (800) 541-9376 or complete our online form to schedule your free consultation.

Understanding the Difference

When a defective medical device causes injury, determining whether the harm resulted from medical malpractice or product liability – or both – can significantly impact how the case is handled and who may be held responsible.

Medical Malpractice

Medical malpractice arises when a healthcare provider – such as a doctor, surgeon, or hospital – fails to meet the accepted standard of care, resulting in injury to the patient. In the context of defective medical devices, malpractice may occur in several ways:

  • Improper implantation of the device, such as incorrect placement of a pacemaker or joint replacement.
  • Failure to monitor the device after surgery, missing signs of malfunction or patient complications.
  • Continued use of a recalled or known faulty device, despite warnings or alternative treatment options being available.
  • Delayed diagnosis or treatment of complications caused by a defective device.

In these instances, it’s not the device itself that is inherently at fault – but rather the way it was selected, implanted, or managed by a healthcare provider.

Product Liability

Product liability refers to the legal responsibility of a manufacturer, designer, supplier, or distributor for putting a defective or unreasonably dangerous product into the hands of consumers. In medical device cases, this might involve:

  • Design defects, where the product is inherently flawed and unsafe even when used correctly.
  • Manufacturing defects, where a problem during production causes the device to malfunction or fail.
  • Failure to warn, such as not providing adequate instructions or not disclosing potential risks associated with the device’s use.

Examples include defective hip implants that corrode over time, pacemakers that fail to regulate heart rhythms, or surgical mesh that breaks down in the body.

When Both Apply

There are many situations where both medical malpractice and product liability claims may be valid. For example:

  • A surgeon may be negligent in failing to recognize or respond to a malfunctioning device, worsening the patient’s outcome.
  • A manufacturer may be responsible for producing and distributing a device with known defects, while a physician may be liable for failing to act once those defects became apparent.

These overlapping claims can complicate the legal process. For instance, product liability cases typically focus on the device itself and involve different legal standards and parties than malpractice claims, which center on medical care. Knowing who to pursue – and on what grounds – requires careful evaluation.

Successfully navigating these claims demands a deep understanding of both the legal system and the medical factors involved. Most personal injury or general practice attorneys may not have the background to untangle both types of claims effectively. That’s where working with a firm that focuses exclusively on medical malpractice makes a difference.

Get Started Today

If you believe a defective medical device has harmed you or someone you love, don’t leave your case to chance. Call us now at (800) 541-9376 or fill out our online form to schedule your free consultation with a team that can pursue justice in both the operating room and the courtroom.