Wichita, KS asked in Products Liability for Kansas

Q: Total hip replacement were Depuy Metal on Metal implant was used is this product liablitiy case or medical mal practic

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1 Lawyer Answer
Brian F Davis
Brian F Davis
  • Products Liability Lawyer
  • Asheville, NC

A: In most situations, a defective medical device is treated as a products liability case and not a medical malpractice case. Unless you have evidence that your doctor breached the medical standard of care (medical negligence) during the surgery or knew that the device was defective when he/she did the surgery, then I do not believe you have a viable medical malpractice case. Many cases have been filed against Depuy arising out of these metal on metal implants. If you have such a case, you should contact an attorney in your area to help you.

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