# Who’s Liable? The Difference Between A Product Liability Case and Medical Malpractice | Heuser & Heuser, LLP **Table of Contents***[*Expand*]* 1. Proof of Claim 2. Statute of Limitations 3. Joining a Civil Case 4. Find a Product Liability Attorney ![Product Liability Lawyers in Colorado Springs, CO | Call 719-520-9909](https://heuserlaw.com/wp-content/uploads/medical-malpractice-or-product-liability-img.jpg) 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](https://heuserlaw.com/colorado-springs-co/product-liability-lawyer/). ## 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. For a free legal consultation, call [(719) 520-9909](tel:+17195209909) ## 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. [Click to contact our personal injury lawyers today](/contact-us/) ## 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](https://heuserlaw.com/). 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](https://heuserlaw.com/our-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](https://heuserlaw.com/contact-us/) today so that we can get started on your claim. [Call or text (719) 520-9909](tel:+17195209909) or [complete a Free Case Evaluation form](/contact-us/) About Heuser & Heuser, LLP Blog Posts: [![Brennan Heuser - TRICARE isn't your only option](https://heuserlaw.com/wp-content/uploads/military-veteran-personal-injury-claims-colorado-300x120.jpg)](https://heuserlaw.com/blog/military-veteran-personal-injury-claims-colorado/) ### [Military and Veteran Personal Injury Claims in Colorado](https://heuserlaw.com/blog/military-veteran-personal-injury-claims-colorado/) Brennan Heuser, Heuser & Heuser, L.L.P., Colorado Springs and Pueblo | October 2026 Service members and veterans in ### [DON'T Call Us - When You Can Handle Your Personal Injury Claim Without an Attorney](https://heuserlaw.com/blog/dont-call-us-when-you-can-handle-your-personal-injury-claim-without-an-attorney/) You can handle some accident claims in Colorado without an attorney. If nobody was hurt, fault is clear, and the dollar [![gordon.barkely.brennan](https://heuserlaw.com/wp-content/uploads/gordon.barkely.brennan-2-271x300.jpg)](https://heuserlaw.com/blog/are-the-heusers-brothers/) ### [Are the Heusers Brothers? The Family Behind Heuser & Heuser](https://heuserlaw.com/blog/are-the-heusers-brothers/) Q: Are the Heusers brothers? A: Yes. Heuser & Heuser was founded in 1996 by brothers Gordon Heuser and Barkley [![getty images u5rrljz zpu unsplash](https://heuserlaw.com/wp-content/uploads/getty-images-U5rRLjz_zpU-unsplash-scaled-1-300x200.jpg)](https://heuserlaw.com/blog/can-i-get-medical-treatment-after-a-car-accident-if-i-dont-have-health-insurance/) ### [Can I Get Medical Treatment After a Car Accident If I Don’t Have Health Insurance?](https://heuserlaw.com/blog/can-i-get-medical-treatment-after-a-car-accident-if-i-dont-have-health-insurance/) Reviewed by: Brennan Heuser, Personal Injury Attorney, Heuser & Heuser, L.L.P. | June 2026 Yes. In Colorado, you --- Source: https://heuserlaw.com/faqs/whos-liable-the-difference-between-a-product-liability-case-and-medical-malpractice/