Strict laws and regulations exist that require drug manufacturers to provide adequate warnings to patients regarding potential side effects. Prescribing doctors and physicians also have a responsibility to inform patients of possible risks when prescribing a drug. Unfortunately, this doesn’t always happen, and thousands of people each year suffer from serious side effects as a result of defective pharmaceuticals.
By understanding what a defective drug entails and other important legal facts, you can best protect yourself in the event that you become a victim of a pharmaceutical company’s wrongdoing.
What is Considered a Defective Drug?
First, it’s worth understanding that not all prescription drugs with adverse side effects are considered a defective drug. The key determining factor in a defective drug is a lack of adequate warning by the manufacturer of specific side effects and dangers. For instance, you having an allergic reaction to a drug whose ingredients are readily available would not necessarily constitute a defective drug or show any negligence on part of the manufacturer. Most prescription drugs have some risk of side effects, so the key is whether or not the manufacturer took the necessary steps to inform patients of those side effects.
What Can I Do to Protect Myself?
The best way to protect yourself from defective drugs is to always have an open and honest conversation with your doctor upon being prescribed anything. Ask extensive questions about your risk factors, and don’t hesitate to speak up and ask for alternatives if you’re uncomfortable taking something. Also, be aware of the common types of drugs that are known to have dangerous side effects, such as many antibiotics and even some birth control.
What Can Be Recovered in a Defective Drug Claim?
In the event that you are a victim of a defective drug, there are a number of potential forms of compensation that could be entitled to. These include costs for hospital stays and other medical bills, lost income from being unable to work, and even compensation for pain and suffering. Keep in mind, however, that many states have a statute of limitation on these claims, so don’t wait to file your claim.
How Do I Know if I Have a Case?
If you’re not sure whether or not you have a defective drug case, the best thing you can do right now is to schedule a consultation with an experienced defective medication lawyer who will be able to determine whether or not you have a case. This way, you can receive the legal advice you need to move forward, as well as the representation you may need if you decide to continue with filing a claim.
If you believe you or a loved one may have grounds for a defective pharmaceuticals case, contact Ginnis & Krathen, P.A. to set up your free case evaluation today. You can reach our office by phone or through our Do I Have a Case form on our website.