FAQ for Medical product and device liability cases

What is a medical product and device liability case?

A medical product and device liability case is a legal claim against a manufacturer, distributor, or supplier of a medical product or device that has caused harm or injury to a patient. These cases typically involve defective products or devices that are either poorly designed, manufactured, or labeled.

What types of medical products and devices are involved in liability cases?

Medical product and device liability cases can involve a wide range of products and devices, including but not limited to:

• Implants (such as hip and knee replacements)
• Prosthetics
• Medical devices (such as pacemakers and defibrillators)
• Medical equipment (such as surgical tools)
• Pharmaceuticals (such as prescription drugs)

What is the legal basis for a medical product and device liability case?

In South Africa, medical product and device liability cases are typically based on the principles of delict law. Delict law covers situations where one person (the defendant) causes harm or injury to another person (the plaintiff) through negligence, intentional harm, or a breach of legal duty.

What must a plaintiff prove in a medical product and device liability case?

To succeed in a medical product and device liability case, a plaintiff must prove the following:

• That the defendant owed a duty of care to the plaintiff
• That the defendant breached that duty of care
• That the breach of duty caused the plaintiff's harm or injury
• That the harm or injury suffered by the plaintiff was reasonably foreseeable

Who can be held liable in a medical product and device liability case?

In South Africa, liability for medical product and device cases can be placed on any party in the supply chain, including manufacturers, distributors, and suppliers. The specific parties held liable will depend on the facts of the case.

What damages can be claimed in a medical product and device liability case?

A plaintiff in a medical product and device liability case can claim damages for the following:

• Medical expenses
• Loss of income
• Pain and suffering
• Disability or disfigurement
• Loss of enjoyment of life
• Loss of support (in the case of a wrongful death claim)

How can I pursue a medical product and device liability case?

If you believe you have a medical product and device liability case, you should consult with a qualified attorney who can advise you on your legal rights and options. Your attorney can help you gather evidence, build your case, and pursue compensation for your losses.