Legal News

In brief: Liability to patients damaged by defective medical devices (Elisabeth Schmitt v TÜV Rheinland LGA Products GmbH)

Published on: 16 September 2016
Published by: LexisPSL
  • In brief: Liability to patients damaged by defective medical devices (Elisabeth Schmitt v TÜV Rheinland LGA Products GmbH)
  • Original news
  • What was this case about?
  • What did the Advocate General opine?
  • What should IP & IT lawyers take note of?

Article summary

IP&IT analysis: Notified bodies under the Medical Devices Directive 93/42/EEC, may be liable to patients and users of medical devices for a culpable failure to fulfil their obligations resulting from EU product safety rules. Thus, an auditor responsible for assessing the compliance of a medical device manufacturing system may be liable to patients who suffer damage as a result of defects in the audited products. or take a trial to read the full analysis.

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