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Bed Rails – Consumer Product or Medical Device?
November 26, 2012
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Who would have thunk it , but bed rails are apparently rather dangerous for the elderly and strangling deaths are somewhat common. This has resulted in a rash of new medical malpractice/product liability/negligence claims. As <a href="http://www.nytimes.com/2012/11/26/health/after-dozens-of-deaths-inquiry-into-bed-rails.html?hp&_r=0">this article </a>makes clear, one of the interesting questions raised in the claims is whether bed rails are a consumer product or a medical device. The answer, which is uncertain, is significant as medical devices are generally afforded greater legal protections than mere consumer products; medical devices are also more highly regulated.
For more information about this post, please contact Bob Cosgrove at <a href="mailto:rcosgrove@wcmlaw.com">rcosgrove@wcmlaw.com</a>.