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Morcellators: Medical Malpractice or Product Liability?

Personal injury is, simply put, the legal terminology that is used in order to describe an injury that has been done unto another person (whether it be an injury of a physical, mental, or emotional nature) because of the intentional or willful negligence of another person or party. This is a general statement as there are quite a number of ways as to how a person could be injured. There are car accidents and workers compensation suits, just to name a few. But for now, the attention goes to the question of morcellators and whether or not they fall into medical malpractice or product liability.

First things first, what is a morcellator? Well, according to theĀ Morcellator lawsuit attorneys of Williams Kherkher, a morcellator is a machine manufactured for the use of laparoscopic surgical procedures (otherwise known as surgeries that only require minimum intrusion and incisions thanks to the tools used to perform these tasks) as it is a thin, spherical device that has a sharp claw-like attachment at the end that then attaches itself to the cancerous growth and takes it through the tube via suction. However, there are claims that target three specific morcellators manufactured by Johnson & Johnson that have been recalled due to the claims that several patients have filed legal complaints that their devices were the ones that caused their having developed endometrial cancer (a cancer that targets the protective lining of the womb).

Which then begs the question: is this a case of medical malpractice or product liability?

In order to know what kind of legal suit you may have, it is recommended to seek the professional advice of people who have had experience with these kinds of dealings before.