Prescription drugs are a legal possession, easy to use, yet frequently abused. Many lawsuits arise from medical professionals who, through negligence or careless, administer incorrect prescriptions and/or dosages. A drug case can be quite challenging to navigate.
Below are 5 facts you should know about suing a pharmacy or other medical professional.
Table of Contents
Is Handling a Prescription Drug Lawsuit Alone Advisable?
In many cases of pharmaceutical negligence, a plaintiff might seek a class-action lawsuit, such as in cases where a group of persons claims to be injured by a similar drug that the pharmacy offered. Don’t try to defend yourself alone in the court, as this could be a recipe for things to go wrong.
You will need a lawyer to help defend your case and, most importantly, get one from your area. If you live in Dallas, get a drug lawyer in Dallas to help you with the case. Getting a lawyer from another state might be OK, but a local attorney will have intimate knowledge of the local courts that can come in handy and even expedite the case.
Pharmaceutical companies are backed by billion-dollar corporations. They will likely have a high-paid legal team backing them in cases of mishandled drugs. But that doesn’t mean all is lost. An experienced personal injury attorney knows what it means to take on big companies and hold them accountable. You can rest assured they’ll work diligently to bring you justice.
Facts About Prescription Drug Lawsuits You Probably Didn’t Know
1. The FDA Might Not Conduct a Safety Test
The U.S. Food and Drug Administration is responsible for the approval and safe use of food and drugs However, it is not a guarantee that it will test the new drug in question. Instead, the FDA will ask the drug company to test their drug and send the results.
2. Cases Can Include OTC Drugs
Over-the-counter drugs are not exempt from product liability. OTC drugs also have a distinct label to prevent liability claims that can arise.
3. There Are Three Kinds of Product Liability
Three kinds of defects trigger product liability:
- Marketing defects that occur from the manufacturing company mislabeling the product or failure to include proper instructions on the label
- Manufacturing defects can occur at any point between the production site and the time you receive your prescription
- Design defects that happen when the drug’s inherent properties cause unreasonable harm when used
4. The Drug Won’t Be Banned
After the success of a prescription drug lawsuit, there is no assurance to the plaintiff that the drug will be banned. More likely, the manufacturing company will have to restructure the manufacturing and marketing procedures before the next distribution.
5. Keep Taking Prescription until Your Doctor Says Otherwise
Do not stop taking your medication until your doctor directs you to stop, and this will help you against pharmaceutical companies that may try to use loopholes to prove your claim. If you find yourself in a situation where it seems that the drugs you’ve been given are hurting you, go back to your doctor for further medical advice.
Find a Drug Attorney to Help You Fight Your Case
Building a case against a pharmaceutical company can be challenging. You will barely understand the rules that occur in the field of drugs; that is why you may need a drug attorney to assist you in the lawsuit. The lawyer is aware of the above facts and more and will give you the help you need.
