CAN MEDICAL NEGLIGENCE ARISE FROM DEFECTIVE PRODUCTS OR EQUIPMENT?

Sometimes, but not often.

The courts have historically imposed strict liability, or no-fault, principles against those engaged in the commerce of defective products/equipment.  The reasoning is that it would be unfair to expect an unsuspecting public to have the knowledge or skill necessary to determine their safety.  The public ought to be able to trust those engaged in the manufacture and sale of such products. Because the public cannot be expected to protect themselves in such situations, those engaged in the commerce of such products and who benefit from their sale, must bear the cost of injuries. The resulting litigation  becomes a products liability action.

What about the health care provider who used the defective product/equipment?

The courts have been reluctant to hold health care providers responsible for defective products/equipment.  This has been true even when the health care provider directly provided the product or used the product/equipment on the patient, thus causing an injury. The court has reasoned that the health care provider is not in the business of selling such products, but rather providing the medical care, services, or treatment that occasioned their use.  The conclusion has been that the product/equipment was only incidental to the professional duties of the health care provider.  Thus, the courts have regarded health care providers like consumers in that they cannot be expected to detect product/equipment defects.

The courts have put limits on claims against health care providers in matters not directly involved with the negligent delivery of health care.  Because the courts have been reluctant to view health care providers as involved in the commerce of such products/equipment, many courts have resisted allowing products liability actions  against such providers. 

As always , there are exceptions.