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We rely on medications to cure sudden illnesses and manage our chronic ailments. We trust that the drugs that we use are safe. Unfortunately, that is not always the case.
If you believe that taking a drug caused you or a loved one serious harm, an Anaheim dangerous drugs lawyer may be able to help you with a personal injury lawsuit. A compassionate local Anaheim personal injury attorney will listen to what happened to you and help you decide whether proceeding with a legal claim is a good option for your family.
Although all drugs have some inherent risks, medications are not supposed to cause more harm than good, as medicine should be reasonably safe. Consumers should be told if a medication has any adverse side effects, and doctors need to be aware of those potential side effects before prescribing a drug to a patient.
Dangerous drug litigation involves both product liability and personal injury issues. As with other product liability cases, dangerous drug litigation involves proving that a drug has problems or defects with its design, manufacturing, marketing, or, in the case of drugs, prescribing. Often, more than one party could be legally responsible for injuries caused by a dangerous drug.
Medications can become dangerous to people when those drugs do not go through a rigorous testing process before being released to consumers or when there are other problems in the manufacturing process. Medicines can also cause harm to consumers when medical practitioners or pharmacists make mistakes prescribing or administering them.
Before releasing a new medication to consumers, drug manufacturers must adequately test the drug’s safety. Drug manufacturers need to disclose those potential risks to consumers if the drug has any side effects or possible counteractions with other medications. Pharmaceutical companies need to disclose that risk in a manner that a reasonable consumer would understand, such as by placing clear warnings on a drug bottle or packaging.
Before prescribing a new medication to a patient, doctors need to be aware of that patient’s specific medical history. They need to know what other medications that patient is currently taking to see if there could be a potential adverse reaction to the new medication. They also need to know if that patient has any allergies to specific drugs or classes of drugs. Doctors also need to ensure that they give the right dosage of medication. For example, it would be considered malpractice if a doctor prescribes a 2-year-old toddler the same dosage of a prescription as they would to a 50-year-old man.
Just as with doctors, pharmacists need to know what other medications their customers are taking to ensure that the new medications do not conflict. When fulfilling prescriptions, pharmacists also need to ensure that they give the correct medication and dosage.
An experienced Anaheim dangerous medications lawyer could investigate the incident to see how the injury occurred and who, if anyone, bears legal responsibility. They could look through the injured claimant’s medical records and examine the manufacturer’s logs to see if the drug company complied with federal and state regulations regarding testing and safety.
If you took medication, and it hurt you, you should reach out to an Anaheim dangerous drugs lawyer. Litigation involving dangerous medications can be very complicated, so working with a law firm you can trust is essential. Our dedicated attorneys will fight aggressively to get you the compensation you deserve from the responsible parties. Meet with our team today.
Benji Personal Injury – Accident Attorneys, A.P.C.
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