A Medical Device Dispute: Two Legal Routes
A dispute over a medical device in Georgia moves along two trajectories: the contractual one — repair, replacement or avoidance of the contract for a defective device — and the tort one — compensation for damage caused by the device. Both routes are governed by the Civil Code. It should be noted that the technical regulation of devices is subject to separate legislation and is not the subject of this page — what follows concerns only the civil-law machinery.
The Contractual Route: Repair or Replacement of the Defect
Where the sold item — here, the device — is defective, the seller must either cure the defect or, where the item is of a generic kind, replace it within the necessary period. The expenses necessary for curing the defect — transport, road, work and material costs — are borne by the seller. The seller may refuse either cure or replacement only where this requires disproportionately large expenses; and where the seller hands the buyer a defect-free item instead, it may demand the return of the defective one.
The buyer also has a stricter remedy: because of the defect, the buyer may demand termination of the contract under the procedure established by law, in which case the seller must reimburse the buyer's expenses. The practical choice depends on the character of the defect: for a usable device, replacement is often the faster way out; for unique equipment — cure and reimbursement of expenses.
The Tort Route: Compensation of Damage
Where the device is not merely defective but causes damage, the tort norm applies: a person who causes damage to another by unlawful, intentional or negligent action is obliged to compensate it. This route is independent of the sale contract: the injured party may be not the buyer but any person affected by the operation of the device.
Both routes have time limits: the right to demand compensation of damage caused by a tort is subject to a limitation period of three years from the moment the injured party learned of the damage or of the person obliged to compensate it. The limitation of contractual claims follows the general rules and must be verified before the dispute begins.
The choice of route is strategic. A contractual claim binds the seller and stays within the frame of the sale: the buyer may demand cure and reimbursement of expenses, or a defect-free item with return of the defective one, or termination of the contract with reimbursement of expenses. The tort route opens where damage has actually been caused: it is oriented to the person who suffered the damage rather than to a party to the contract. In both cases the first step is documentary: recording the defect or the damage, the purchase documents, proof of expenses, and a written claim to the seller. The three-year period runs from the moment of learning of the damage — time is genuinely limited, and its application must be verified before the dispute begins.
The two routes do not exclude each other: the buyer keeps the contractual claim for eliminating the defect and, where damage occurs, builds a tort claim as well — and one documentary base serves both: the purchase documents, the description of the defect, the evidence of expenses and the record of the damage. That is why gathering the complete file before the dispute begins is decisive. The choice between repair, replacement and rescission also has a timing dimension: the seller must act within the necessary period, and the buyer's demand should fix that period expressly.
The boundaries of the seller’s responsibility are likewise set by law: refusal is admissible only where the costs are disproportionate, and that is for the seller to demonstrate — the motive that it is expensive does not suffice by itself.
Frequently Asked Questions
Below we summarize the questions most often asked about medical device disputes.
What may the buyer demand for a defect?
Cure or replacement, or termination of the contract with reimbursement of expenses. The costs of cure are borne by the seller.
When may the seller refuse?
Only where cure or replacement requires disproportionately large expenses.
What if the device caused damage?
The tort norm applies: damage caused by unlawful, intentional or negligent action is compensable — whether or not the injured party is the buyer.
Within which period may damage be claimed?
Compensation of tort damage may be claimed for three years from learning of the damage.
Which expenses does the seller bear on cure?
The full list of expenses necessary for curing the defect: transport, road, work and material costs; on termination of the contract — the buyer's expenses.
How We Help on Legal.ge
On Legal.ge we handle device disputes on both routes: we record the defect, draft the claim to the seller, calculate expenses, and prepare the tort action where damage occurred. Contact us — we will set the dispute on the right trajectory.