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Establishing Liability for Defective Breast Implants

You will probably have grounds for a lawsuit or might be entitled to recover from a class action lawsuit, if breast implants you have used turns out to be defective. If a persona is harmed due to such a faulty implant, the medical malpractice lawsuit may be filed against the manufacturer, in most cases, or against the plastic surgeon.

Lawsuits Against the Manufacturer

Most of the lawsuits resulting from breast implants involve the plaintiff or the injured person suing the manufacturer of the breast implants. If the case is against the manufacturer, it is usually a product liability case which includes claims of failure to warn, strict liability, implied warranties and breach of express, fraud, and negligence.

In a liability claim, a plaintiff must only be able to prove that:

· The breast implant was in a dangerous condition when sold by the manufacturer

· It was intended that the manufacturer deliver the implant to the consumer unaltered, and

· The consumer was injured by the dangerous condition of the implant.

Failure to Warn

Where failure to warn cases are concerned, the plaintiff must be able to prove that the manufacturer had knowledge of or should have had knowledge of a particular risk associated with the breast implant, but yet failed to provide you with an adequate warning. A plaintiff might also be able to win a fraud case and win punitive damages if they can prove that the manufacturer definitely had knowledge about the defect.

Breach of Warranty

A breach of warranty occurs when a product fails to meet the purposes for which it was purchased. A warranty refers to a guarantee that a certain product will conform to certain standards or will perform in a certain way. If the breast implants leak, expectedly rupture, or become deformed, that qualifies as a breach of warranty.

Defective Breast Implants & Medical Malpractice Cases Against a Surgeon

A medical malpractice lawsuit against a surgeon would be for some type of negligence when it comes to implanting the breast implant. If another person, other than the manufacturer of the implant, is to be held liable for a defective consumer product like a breast implant, that other person must qualify as either a seller or distributor of the product. Usually, courts do not find hospitals, health care providers or surgeons to qualify as seller or distributors of breast implants.

Class Action Settlements

There are many class action settlements that have been set up to provide compensation to consumers who have been injured by defective breast implants. A person who assumes to be injured due to a defective breast implant need not have to sue to get a recovery. The class action settlement may not apply to the plaintiff if their breast implant injury is the result of a negligent surgery.

In any case, the best possible course of action for anyone who has been a victim of a faulty breast implant surgery, is to hire the outstanding services of a medical malpractice lawyer who will not only be able to explain all the nuances of your case to you, but also see that you obtain the best possible settlement.

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