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

Related Topics:
1 Lawyer Answer
Brian F Davis
Brian F Davis
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.