Recently, the Philips company had to perform a massive withdrawal of their CPAP products. This happened after a class-action lawsuit has been claimed against them. Find out the detailed facts and reasons at Before It’s News website. However, I’d like to point out here that this class-action lawsuit occurred after massive medical malpractice claims have been filed against them. Some reports mentioned that the CPAP products they sold had caused several respiratory issues to their customers. It’s due to the leak of chemical PE-PUR.
As mentioned, the customers got injured after using the CPAP products produced by the Philips company. The injured customers file series of massive medical malpractice claims. These claims accumulated and resulted in a class-action lawsuit against the company. But, what is actually medical malpractice? Do you also know about the class-action case? Let’s learn more about medical malpractice claims and class-action lawsuits here.
Overview of Medical Malpractice Claims
If a person believes they have received defective care from a medical professional (such as a dentist or doctor), they will file a medical malpractice claim with an attorney. Defective care is care that violates medical standards. To prove medical malpractice, three factors must be present. These include direct causation, liability, or damages. To meet the liability requirement, you must show that a professional relationship existed between you and your health care provider.
This requirement is usually not a problem, but it can prove that the care was defective. It depends on the nature of the breach.
Causes of Medical Malpractice
You must prove that the negligence caused financial loss, injury, or suffering. Even if you take the necessary precautions, there are risks in all areas of medical care. Your attorney cannot prove negligence by showing an outcome not due to the medical procedure or treatment. For this reason, a medical malpractice claim will not be filed. Medical malpractice can take many forms.
Filing a Medical Malpractice Lawsuit
Malpractice claims against hospital staff are more complicated than those against private physicians. Hospitals often provide staff through private contracts. In these cases, the negligent party and the contractor are named in the medical malpractice lawsuit. It is more practical to file a class action when there are several people affected by the same type of negligence. This can include hundreds of plaintiffs. The amount of money is paid to the plaintiffs after paying court costs and attorney’s fees. Each state has its medical malpractice laws. They may have additional requirements. Be sure to choose an attorney who specializes in this area of law.
Understanding a Class-Action Lawsuit
In a class action, a single attorney or law firm represents a group of people who have been harmed similarly. The injustice may take the form of physical harm caused by a commercial product or financial harm caused by a company misleading consumers. Class actions have both advantages and disadvantages. They allow groups of people to take their cases to court, potentially thousands of people. Each individual does not have to file their lawsuit.
