Medical malpractice can be confused for medical product liability and vice versa.
However, in reality, they are NOT the same thing. Of course sometimes a lawsuit may overlap between the two, but each are separate sectors of lawsuits.
Whether you are prescribed a drug or taking a drug from over-the-counter, your circumstances may be qualified to file a product liability claim against those medical professionals or pharmacists who caused you more harm than good without alerting or warning you of those negative detrimental effects.
Medical malpractice claim can be filed together with medical product liability claim, when a health professional failed at warning you about the side effects of the drugs you have been prescribed or sold.
To file a malpractice claim you have to prove the following three:
- A doctor-patient relationship
- One cannot just overhear what a doctor says in public or private event and use it as a basis for the claim.
- Doctor was negligent
- There must be proof that the doctor did not follow the protocol for treatment as other doctors would have therefore have caused you pain.
- Caused injury and harm
- Injury that was caused must be proved that it was caused by the doctor’s negligence
- Concrete evidence of harm and damage done to patient
Dont forget that the statute of limitations for a medical malpractice claim is between 6 months to 2 years depending on what state you are in. If you do not file a claim within the time period given, you may be miss the ability to file a medical malpractice claim or a medical product liability claim.