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Article-10: Medico-Legal Aspect Of Health Care Delivery

This is the concluding part of the series on “Medico Legal aspect of Health Care Delivery” and covers the important topic of product liability which is in the limelight due to technological advancements. It is hoped that this shall generate debate, discussion and thinking on this issue. Readers are invited to send their experience, opinion on this to the Editor.    

JAHA Editors

PRODUCT LIABILITY IN MEDICAL CARE DELIVERY
A person who alleges an injury caused by a defective product may elect to base his legal cause of action on any of the three principle of products liability theories: negligence, warranty, or strict liability. These may be the criteria in criminal, civil, or consumer case proceeding for product liability in the court of law. However, the proceeding on a negligence theory in a products liability case requires an injured party to show that a specific defendant failed to exercise proper care in designing, testing, manufacturing, or marketing the allegedly defective medical product and that, as a reasonably foreseeable and proximate result of such negligence, the patient suffered the injury.

 

Journal file