Is It Products Liability or Medical Malpractice?
In any case in which you are suing a doctor or a hospital in connection with an injury caused by a medical device, you may also have a claim for medical malpractice. The legal basis for a medical malpractice claim is somewhat different from a defective product claim. (To learn more about legal theories for product liability claims and medical malpractice cases, read Nolo’s articles Defective Product Claims: Theories of Liability and Medical Malpractice Basics.) Fortunately, you don’t have to choose. As long as they have a reasonable legal basis, you should include every available type of legal claim in your complaint.
