Medical Product Liability Essay
The term strict liability reflects the legal responsibility of the wrongdoer against the injury suffered by the victim. Law identifies strict liability as absolute liability making the wrongdoer liable for paying the damages. Product liability indicates the harm caused by the defective product. Supreme court of California adopted strict liability in the 1960s against defective products and paid damages to the plaintiffs.
The first type of product defect recognized by the court involves the injury suffered by the plaintiff due to software failure. When the product fails to operate safely and due to defects in the inherent design leads to product litigation. The second recognized defect is when the manufacturer fails to alert users about the potential harms of the product or provides no instructions for avoiding harm. The tobacco litigation of 199s represents the perfect example as the manufacturer failed to provide strong warnings. The third defect involves the flawed manufacturing process. Error in the assembly of the product causes harm to the user thus such as alleged injury thus making it liable for litigation (Dyson, 2017).
The litigations discuss above applies to medical product also that causes harm or injuries to patients. Medical device software was responsible for the deaths of many patients reflecting the errors in the product designs and processing. Failure of the first medical device software introduced the concept of product liability in 1985. The purpose of product litigation is to protect patients from malfunctions and seriousness. Product liability against medical devices provides relief to the plaintiffs that suffered an injury of loss. Litigation also applies to the program IV pumps if they fail to inform the patients about the risks involved in their use. Similarly, defects in the inherent design known to the manufacturer and his failure to present a strong warnings also make it liable for litigation.
Dyson, S. E. (2017). Medical Device Software & Products Liability: An Overview. Retrieved 03 07, 2018, from https://www.medtechintelligence.com/feature_article/medical-device-software-products-liability-overview-part/2