If during treatment by my doctor, the laser machine malfunctioned and stopped so now my vision is worse that before, who is at fault?
Question Details: It is the manufacturer of the machine, the doctor, or both?
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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