Re: product liability malpractice

[The only reason I attempt to answer is a personal exercise based on
experience and reading, not legal advice you can rely on.]

If a medical device malfunctions, you may bring it up with the FDA's
Medwatch program. In this case, the manufacturer is responsible to
correct the defective situation.

If the malfunction or defect causes harm due to the medical
practitioner failing to practice reasonable care, then it may be a
malpractice situation as well as product liability.

In either case, an expert must be enlisted as a witness or you don't
have a case.

Discovery is a pre-trial process by which both parties can make
reasonable requests for files, histories, medical records, names and
addresses of knowing parties, etc. for purposes of discovering flaws in
your case, or good reason to settle.

Statute of Limitations is flexible depending on the awareness that the
harm and defective product/procedure were related. This must be proven
to maintain your standing, and will be attacked by the defendant.

As you can see, medical harm is highly technical and requires a medmal
specialist, and is hardly a question for a misc.legal group. The only
reason I attempted to answer is a personal exercise based on experience
and reading, not legal advice you can rely on.

.

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