Who’s Liable? The Difference Between A Product Liability Case and Medical Malpractice

Most of us assume that we will be safe when receiving medical care in a hospital. However, contrary to what you might believe, injuries in hospitals are extremely common and can be caused by a variety of circumstances, including defective medical equipment.

After being injured by medical equipment in a hospital, many people choose to file a lawsuit, such as a medical malpractice or product liability claim. Find out whether a product liability claim or a medical malpractice claim is right for your case, and learn when you need help from a product liability attorney.

Proof of Claim

Fortunately, when you’ve been injured by a malfunctioning piece of medical equipment, you don’t need to choose between a product liability claim or medical malpractice claim. With a strong legal basis and the right evidence, you can include both types of claim in your complaint.

However, before filing your claims, you need to be sure that you have the right evidence. Generally, you will need to prove three facts during the course of your lawsuit. The first issue that you will need to prove is that you were actually injured. Next, you must be able to show that the medical device in your case was either manufactured with a defect or that there was a defect in its design. Finally, you will need proof that the medical device caused your injury.

An experienced product liability attorney can help you identify and gather the evidence you will need for your case.

Statute of Limitations

When planning your lawsuit, there are a few issues that you need to keep in mind, particularly how much time you have to file your case. Every state has a statute of limitations for filing a personal injury lawsuit, and you must file your case within this time period if you want any chance at winning compensation. As soon as you know that you wish to bring a lawsuit, it’s a good idea to hire a lawyer to file your claim.

Joining a Civil Case

When a medical device has been produced with a defect, it is likely that the device has injured more than one person. If there have been multiple people injured by the same medical device in your case, you may be able to join an existing class action lawsuit.

Class action lawsuits provide several benefits you won’t receive in an individual case. First, you will be represented by lawyers familiar with suing big companies. Second, you will usually not have to pay any upfront costs. Thirdly, you will not need to deal with complex filing issues like you would in a personal injury suit.

Find a Product Liability Attorney

You deserve compensation after being injured by a medical device, which means you need to file a personal injury lawsuit. The best way to plan your medical malpractice or product liability claim is to hire a product liability attorney from Heuser & Heuser, LLP.

The Heuser & Heuser team can guide you through every step of the personal injury process, from filing your case to gathering evidence. Speak with one of our attorneys today so that we can get started on your claim.

Call or text (719) 520-9909 or complete a Free Case Evaluation form