If during treatment by my doctor, the laser machine malfunctioned and stopped so now my vision is worse that before, who at fault?

It is the manufacturer of the machine, the doctor, or both?

Asked on January 26, 2019 under Malpractice Law, Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Both the doctor and manufacturer of the machine are liable. The doctor is liable for negligence in a malpractice claim. The manufacturer of the machine is liable for negligence and strict liability.
Negligence on the part of the manufacturer is the failure to exercise due care to produce a product that is not defective. Strict liability on the part of the manufacturer means the manufacturer is liable whether or not due care was exercised.


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