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How is a medical device claim determined?

When a medical device (such as a syringe, hip implant, pacemaker, or surgical instrument) injures someone, the courts must answer the question “was there something wrong with the product” or “was there something wrong with how the product was used”? In finding the answer, two general theories of liability are applied: product liability and negligence. The first theory looks at what was wrong or defective in the medical device. The second looks at the performance of the medical personnel using the device. An experienced medical device lawyer, such as Younce, Vtipil, Baznik & Banks, P.A., can evaluate your injuries and determine if a defective medical device caused them. Contact us today.

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