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Medical Devices

A defective medical device is a device that is unsafe or does not work as intended. Defective medical devices can cause serious harm or injury to patients, and manufacturers can be held liable for any damage caused by their products.
Reasons for defective medical devices could be:

1. Manufacturing defects: an error or mistake in the manufacturing process that results in a device that does not meet quality or safety standards. For example, improperly assembled components, parts contaminated during manufacturing, or devices damaged during shipment.
2. Design defects: a flaw in the design of a device that makes it unsafe or ineffective for its intended use, potentially causing harm or injury to patients.
3. Inadequate Warnings or Instructions: the manufacturer fails to provide adequate information to users about the potential risks and side effects associated with a device.

Medical device manufacturers have a legal and ethical responsibility to ensure that their devices are safe and effective, so harmed patients by a defective medical device can file a lawsuit against the manufacturer or distributor.

Defective Drug

A defective drug is a medication found to be unsafe or ineffective for its intended use and can cause harm to patients, including serious injury, diseases, or even death. A drug can be considered defective for:

1. Design defect: occurs when a drug is inherently dangerous due to its design, formulation, or manufacturing process.
2. Manufacturing defect: 
occurs when a drug is contaminated or not manufactured according to its intended design.
3. Marketing defect: 
Occurs when a drug is misleadingly or inaccurately marketed or advertised. 

People who consumed defective drugs can seek compensation through legal action by filing a lawsuit against the drug´s manufacturer, distributor, or other parties responsible for the defective drug.

Product Liability

or seller for any harm or injury caused to consumers or users of that product. It is a legal concept that holds businesses accountable for the safety and quality of their products.
Product liability can arise due to:

1. Defect in design: the product was inherently dangerous or defective before it was even manufactured.
2. Manufacturing defect: the product was properly designed, but there was an error or mistake during the production process that made it dangerous.
3. A marketing defect: also known as a failure to warn, occurs when the manufacturer or seller fails to provide adequate instructions or warnings about the potential risks or hazards associated with the product.

Product liability laws allow consumers who have been injured to file a lawsuit against the manufacturer, distributor, or seller of the product. The lawsuit can seek compensation for medical expenses, lost wages, pain and suffering, and other damages caused by the
defective product.

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