What is the law's history, and what does its repeal mean for medical malpractice lawsuits?
Until December 7, 2023, pharmaceutical companies enjoyed immunity from product liability lawsuits under the 1995 Product Liability Act. This meant that drug makers and sellers were shielded from being held accountable for defective or unreasonably dangerous drugs.
The law intended to make Michigan more appealing to the biomedical and pharmaceutical industries. Instead, Michigan was the only state that gave these companies almost total immunity from lawsuits filed by Michigan's citizens.
Furthermore, this drug immunity law has prevented the residents of Michigan from joining large class action lawsuits.
Both the Senate and House voted to repeal the law in a bipartisan vote. Not only will this allow individuals to move forward in suing drug companies for the death or injuries to a loved one, but it is also retroactive. Anyone harmed by drugs since 1996 can sue a pharmaceutical company for damages.
Repealing Michigan's drug immunity law could have significant implications for medical malpractice lawsuits in the state. The state can expect an increase as more people can now seek compensation for any harm caused by prescription medications.
It can also change how doctors prescribe medications. If they know that the drug manufacturer can be held liable for harm caused by their products, they might be more cautious about prescribing certain medications, especially if they may be named as part of a larger medical malpractice suit against pharmaceutical companies.
Not everyone is on board with the repeal. Several people feel that it will cause an excessive number of medical malpractice lawsuits that will overburden the legal system. The actual impact remains to be seen. Consider learning more if you have suffered harm due to prescribed drugs.
]]>Everyone makes mistakes. However, if a surgical error is attributable to the hospital or professional negligence, you may be eligible for damages through a medical malpractice claim.
Basically, surgical injuries arise from actions that could have otherwise been prevented were the surgeon, the support staff or the hospital to follow the laid down procedures before, during or after the operation. Surgical injuries can result from any of the following actions:
One or more of these actions can result in complications or even the patient’s death.
Like in any civil claim, everything boils down to the concept of negligence. In other words, you have to show that the healthcare professional who attended to you failed in their duty of care resulting in your injuries. Subject to the circumstances of your injury, here are some of the arguments you can raise:
Incompetence – if the surgeon or the support staff lacked adequate training to perform the procedure and/or provide proper pre and post-operation care.
Fatigue – If the surgeon operated on you while fatigued resulting in injuries.
Just like everyone else, surgeons aren’t perfect. If, however, their negligence results in injuries to you or someone you love, you may hold them or the hospital liable.
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