What Happens If You Are Hurt by Medication?
We take medications to help us feel better. Perhaps we are suffering from pain, a chronic condition or an infection or other illness. Medicines help us restore our health and reduce pain and inflammation.
However, sometimes medications don’t work as intended. You may expect to recover from an illness but only get worse. A medication intended to relieve pain may not help at all or cause pain to get even worse.
When medications don’t work as intended, you may be able to file a lawsuit, depending on the circumstances. If you suffered no harm, then it will be hard to claim you suffered damages. However, if you suffered pharmaceutical injuries, then you may be able to file a product liability claim against the liable party.
But who is the liable party? In many cases, it is the company that makes the medication. The company may not provide clear instructions on how to use the medicine. They may also hide serious side effects so they can continue to market the drug and make money.
However, the manufacturer is not always at fault. Doctors could be liable as well. If a doctor prescribes the wrong dose or the wrong medication altogether, they could be sued for negligence. The same applies to a pharmacist who misreads the prescription and gives the patient a medication or dosage that could be harmful or even fatal.
It is possible that you could sue multiple parties. For help determining liability, contact a product liability lawyer.
Reasons to File a Lawsuit
There are three reasons for which you can file a lawsuit. There must be a dangerous side effect, manufacturing defect or marketing defect. It’s possible for a drug to have all three of these issues.
A dangerous side effect is an adverse reaction that can lead to serious harm or death. While nausea or headaches may be minor, increased risk of stroke or heart attack, organ damage, nerve damage or mental effects (such as suicidal thoughts) are side effects that should be taken seriously. While every drug has side effects, the medication should do more harm than good.
Manufacturing defects include issues that occur during the production process. A foreign ingredient may get into the medication or some other issue may occur that makes the drug dangerous. Marketing defects refer to misleading information about the medication or a lack of information altogether. If the drug does not include information about how to administer the medication or omits information about side effects, this is a marketing defect and you could be entitled to compensation.
Get Legal Help for Your Florida Product Liability Case
If you have been harmed by medication, you need a strong legal team on your side. Product liability cases are hard to win, as you are going up against doctors, pharmacists and even drug manufacturers.
The Tampa pharmaceutical injury attorneys at The Pawlowski//Mastrilli Law Group can help you fight for the compensation you deserve. Let us evaluate your case today. Schedule a consultation by calling 813-242-4404 or filling out the online form.