Do I Have a Defective Drug Claim or Medical Malpractice Claim?
When your doctor tells you about a medication he wants to prescribe, you assume the medication will work as it is intended to work. Even though the doctor discusses potential side effects and risks, you assume that the drug is safe to use. However, that is not always the case. Some medications are defective because of design flaws or manufacturing errors. In other cases, the pharmaceutical company may not have labeled the drug adequately or tested the drug sufficiently before marketing the drug to the public.
If you suffer an injury because of a drug, who can you sue for your damages? Do you have a medical malpractice claim against the doctor or a product liability claim against the pharmaceutical company? Answering this question correctly is essential if you want to receive money for the pain, suffering, and damages caused by the defective drug.
What is a Defective Drug?
A drug can be defective or dangerous for several reasons. All drugs have side effects; however, not all patients will experience these side effects. Drug companies are required to conduct trials and tests to determine the potential side effects of their drugs. The companies must then notify doctors and patients of the potential side effects so that patients can make an informed decision whether they want to risk the side effects to receive the benefit offered by the medication. In addition to notifying patients and doctors, the company must also make its findings available to the Food and Drug Administration (FDA) before the FDA will approve the drug for use in the United States.
Even though the FDA approves a drug for use, it does not mean that the drug is safe for use. Thousands of people are injured each year because of dangerous drugs. If the drug is defective, the drug manufacturer and other parties might be liable for damages if you can prove that the company was negligent. Some of the ways you can prove that a drug company is liable for your damages include proving that:
- The drug was defective in its design;
- A pharmaceutical company did not test the drug adequately before its release or concealed the results to gain FDA approval;
- A mistake or an error was made during the manufacturing process;
- The company did not include sufficient warnings or adequate instructions;
- A company marketed the drug for an unapproved use (off-label marketing); or,
- The drug company failed to disclose all potential side effects and risks associated with the drug.
If you are concerned about a medication that you are taking, you can discuss your concerns with your doctor, contact a defective drug attorney, and check the FDA’s website for information.
What Should I Do If a Medication Injures Me?
Notify your doctor immediately! It can be dangerous to stop taking some medications without consulting your physician. However, you should never ignore side effects or other signs that something is wrong. Call your doctor immediately!
You also need to contact our office as soon as possible to discuss your case with one of our experienced drug injury attorneys. Our lawyers will evaluate your case to advise you of your options for seeking compensation for your injuries. You have a deadline for filing claims and lawsuits related to drug injuries. Do not delay in contacting our office to discuss your case. We offer free consultations and no-obligation case evaluations. You have nothing to lose by calling our office.
Call a Texas Drug Injury Attorney for Help
You can reach The Fox Law Firm, P.C. for a free consultation by calling 1-866-FOX-FIRM or 1-866-369-3476. We are looking forward to hearing your story so we can help you seek justice for yourself and your family.