Legal Question in Medical Malpractice in California
Medical device question
The legal issue I am questioning is who would be legally liable when
information given by a representative from a company differs from the
product's Instructions For Use (IFU)? For example, if a sales rep told
a physician he only needed to prescribe 3 months of plavix, but the IFU
recommends 12 month of plavix, and the physician used the product and
only prescribed 3 months of plavix. If the patient died between three
and twelve months after the procedure, then who is legally liable? The
company and/or the company representative because they gave false
information or the physician for not adhering to the instructions for
use that are included with the product? Are there any specific laws
this situation would fall under?
Thank you for any help you can provide.
2 Answers from Attorneys
Re: Medical device question
Probably the physician. Malpractice is a subspecies of negligence law. It means that a health care provider acted unreasonably. Proof must be supported by qualified experts.
I CA, malpractice can only be prosecuted by attorneys of a contingency basis. It is regulated by statute.
Have your case reviewed by a qualified attorney. There will be no legal fees and the conclusion reached will be far more authoritative than anything you get on a Q & A website.
Re: Medical device question
Not only do I agree with Mr. Roth, but you should get yourself to a malpractice expert ASAP.
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