Emedinews:Insights on Medicolegal issues: What is the product liability in medical care delivery?

What is the product liability in medical care delivery?

• A person who alleges an injury caused by a defective product used in medical care the three principles of products liability theories: negligence, warranty, or strict liability considered in criminal, civil, or consumer case proceeding for product liability in the court of law.
• The manufacturer becomes responsible for injury or death in such case. The patient must prove that the defendant manufacturer departed from standards of due care, with respect to negligent design, manufacture, assembly, packaging, failure to test and inspect for defects or failure to warn or give adequate instructions.
• The injury or death of the patient may result unexpectedly by faulty, defective or negligently designed medical or surgical instruments or inadequate operating instructions.
• The proceeding on a negligence theory in a products liability case requires an injured party to show that a specific defendant failed to exercise proper care in designing, testing, manufacturing, or marketing the allegedly defective medical product and that, as a reasonably foreseeable and proximate result of such negligence, the patient suffered the injury.
• Many countries have evolved basis for liability on the part of the manufacturer of a defective product. This is known as “strict liability in tort”.
• The theory behind strict liability is that is better social policy for manufacturers, rather than injured consumers, to bear the economic burdens, through products liability insurance or otherwise, for any injuries caused by defective products. Under the strict liability theory, an injured party need not prove negligence or any breach of warranty, but rather must establish only that the product causing the injury was defective when it left the control of the manufacturer or the seller