When Products Liability Intersects with Malpractice Strategy

When physicians and hospitals find themselves defending a medical malpractice case that has been intertwined with product liability claims against a medical device manufacturer, these may seem like uncharted waters as compared with litigation solely involving multiple physician or hospital defendants. But the same general principle governs both scenarios: Defendants are likely to fare better when they hold hands and play nicely together for as long as possible and present a united front to plaintiffs.

27 minute read September 27, 2007 at 08:56 AM
By
Lori G. Cohen and Sara K. Thompson
When Products Liability Intersects with Malpractice Strategy

Manufacturers of implantable medical devices are likely to rely on prescribing medical providers to not only provide the patient with full and complete warnings and counseling on the risks and benefits of the product as part of obtaining informed consent, but also to transmit to the patient any manuals, product literature or other materials specifically intended for the patient which may be included in the device packaging.

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