When you seek medical care, you place your trust in both the medical professionals and the tools they use. What happens when that trust is broken? Serious injuries can occur due to a healthcare provider’s error, known as medical malpractice, or because of a dangerously flawed medical device or drug, known as a defective product claim. As Florida personal injury attorneys, we help clients understand and pursue these distinct but sometimes overlapping legal paths.
The Difference Between Malpractice and Product Liability
Understanding the source of your injury is the first critical step. While both situations can lead to severe harm, the legal responsibility falls on different parties.
Medical Malpractice focuses on the conduct of a healthcare provider. A claim exists when a doctor, nurse, hospital, or other provider fails to meet the accepted standard of care, and that failure directly causes injury. Examples include surgical mistakes, diagnostic errors, and improper treatment.
Defective Product Liability focuses on the safety of an item used in your care. This legal area holds manufacturers accountable for injuries caused by a faulty medical device, implant, or medication. A product can be legally defective in its design, its manufacturing, or its warnings. This is the basis for a drug injury claim in Florida involving dangerous pharmaceuticals or a claim against a maker of a failed medical implant.
Complex Cases: When Errors and Products Intersect
In some situations, an injury may involve both potential malpractice and a defective product. For instance, a surgeon might make an error while using a safe device. Conversely, a surgeon could perform flawlessly, but a defective implant still fails. A thorough investigation is required to determine all potentially liable parties. An experienced defective product lawyer and personal injury attorney can identify whether the fault lies with a person, a product, or both.
How Our Firm Investigates Your Potential Claim
Pursuing these claims requires a detailed and strategic approach. We focus on building a clear and compelling case.
- Comprehensive Case Review: We begin by carefully analyzing your medical records to understand the full timeline of your care and injury. This helps us identify the likely cause and the appropriate legal theory.
- Collaboration with Experts: These cases rely on expert testimony. We work with independent medical specialists to evaluate the standard of care provided. For product claims, we consult with engineers and technical experts to examine the device or drug for defects.
- Documenting Your Damages: Our goal is to secure compensation that reflects your total loss. We meticulously document all related medical expenses, lost wages, pain and suffering, and the impact on your quality of life.
- Navigating the Legal Process: We manage all aspects of your product liability claim in Florida or medical malpractice case. This includes dealing with insurance companies, hospital legal teams, and corporate manufacturers while keeping you informed.
Your Next Step After a Medical Injury
Suffering harm during what should be a healing process is a profound burden. The legal process exists to help you recover and hold the right parties accountable.
If you or a loved one has been injured following a medical procedure or by a prescription drug or device, contact Merricks Law Group. Our Florida personal injury attorneys offer a free and confidential consultation to review your case, explain your rights, and discuss your potential path to compensation.
Disclaimer: The information in this blog is for general informational purposes only. Nothing here constitutes formal legal advice or establishes an attorney-client relationship. Each case is unique, and strict filing deadlines apply in Florida. Please consult with a qualified personal injury attorney for advice regarding your specific situation.