Can Medical Products Be Tried Under Product Liability Laws?

Almost every single accident is going to cause some sort of an injury. Even though some of them are not going to have terrible consequences and you can get by without the use of any medication, the majority of cases would require you to treat yourself. The most convenient and still conventional treatment involves using medical products such as drugs. This means that the medical products can be subjected to a product liability case, if they were unfit for the particular purpose or there was something wrong with the drug itself. However, in order to claim such merit for a case, the patient must have suffered from some sort of injuries, caused by the drugs in question. This is why the Statute of Limitation is going to be enforceable and the time period during which you can file your claim is going to be limited.

Proving product liability

Now, it’s important to know that claiming product liability in the case of usage of medical products is one of the most difficult things you can go through. This is due to the fact that your injury lawyer in the city of Cambridge will have to prove that the injuries were caused by the particular product. This is easier said than done. In most of the cases the medical procedures carry a certain percentage of risk that you are going to be informed about. The doctor is going to require you to sign a document which allows them to carry out the medical treatment and the respective usage of drugs regardless of the risk. If you sign this document you are basically giving them a green light and they won’t be held accountable if something happens.

Another thing to note is that these medical products have specific side effects. You also can’t file a claim if you have experienced any of those side effects. This is due to the fact that medical products put a clear and concise disclaimer which alerts every user about the potential side effects.

Basically, you could claim damages if the suffering which was caused doesn’t really fall within the mentioned side effects and they were not predicted by the possible risks. These are events in which the patient has suffered from severe injuries which are not typical for the usage of this particular drug. The lawyer in Cambridge has to be able to prove that this drug does not usually cause the suffered injuries. This requires thorough examination of medical documentation and sound research on the effects of the drugs. The claims have to be filed towards the company which has produced the medical product as it is at fault for not predicting this kind of injury.