Many people who contact us at Egerton Law about a possible medical device or drug lawsuit share the same concern: they like their doctor, and are worried about getting him or her caught up in the legal battle.
Although both types of cases involve medical treatment that has caused serious injuries, product liability claims against a medical device or drug manufacturer are very different from a medical malpractice suit against a doctor.
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In a product liability lawsuit, injured parties seek compensation from the manufacturer of the device or drug that caused their injuries. The manufacturer may be liable because of insufficient safety testing, or failing to warn of dangers associated with the drug or device, among other reasons. Sometimes the product must be removed from the market because the risks involved with its use are so high as to outweigh any benefit that it provides. Other times, the manufacturer must bolster the warning labels that accompany the product to adequately warn the public of the risks the drug or devices poses to its users.
When questions about the safety of a product are the reason for a lawsuit, the doctors who used or prescribed the product in treating patients may be concerned. Are they to blame for using or recommending those particular products?
In most cases, doctors have been shielded from the same information as the patients: the true risks involved in using the drug or device in question. If your doctor was not aware of the risks because the manufacturer concealed or minimized the truth, your doctor will not be held responsible for your injuries.