Your health affects the quality of life you live so investing in the right medical treatment is necessary. In times of sickness or when you suffer from injuries, you turn to medications prescribed by your doctor. Being fully recovered is what you expect after you take your medication. However, what do you do if instead of getting better, your condition gets worse? Read our post below to guide you in taking legal action if you get unexpectedly hurt from taking your medication.
Negative Effects of Some Medication
One of the major reasons why we get hurt by prescription drugs is when companies fail to provide clear instructions on how to take it properly and effectively. There are cases where people get side effects when they take drugs without following the directions from the label. Some pharmaceutical companies may fail to provide sufficient side effect warnings.
This poses risks to people who take other prescription drugs or have an underlying health condition that may worsen due to the side effects associated with the medication. In particular, some drugs have dangerous side effects which lead to nausea, dizziness, and vertigo. This is because the side effects outweigh the advantages of taking the drug, and it causes harm to the user.
When to Pursue Legal Compensation
Now that you are aware of the dangers of some medications, you might be wondering when you can exactly pursue legal action against the manufacturer of the drug. In such a case, you need to prove that the medication you are taking has manufacturing defects, dangerous side effects, marketing defects, or all of the above.
Manufacturing defects may include unsafe ingredients while dangerous side effects refer to an adverse reaction to the product. Lastly, marketing defects cover the lack of or misleading information about the possible side effects of the medication. If you have encountered any of the situations mentioned above, then you are entitled to sue the liable party to get the compensation and justice you rightfully deserve.
Identifying Who to Sue
The next step in pursuing a legal case is identifying who to sue. Product liability depends on a case-to-case basis but normally the drug manufacturer is held liable for the pain and suffering you have endured when it comes to defective drugs. For instance, Houston-based lawyers from AttorneyGuss.com advise victims of blood-thinning caused by the drug Xarelto to take legal action against the pharmaceutical company of the said product. Apart from the manufacturer, the doctor who prescribed said drug and the sales representative or the pharmacist who endorsed the harmful medication may also be held liable for the lawsuit. If you are unsure about who to sue, it is best to speak to your attorney so you can identify the parties liable for the medical expenses as well as the pain and suffering you have experienced.
What to Expect When Filing a Lawsuit
In general, you can file a lawsuit if the product, whether over-the-counter or prescribed, has done more harm than good to your health or have concealed critical information that may put your health and well-being at risk. However, you will unlikely have a case if your doctor or pharmacist has warned you about the serious side effects that the drug has. It is important to remember that you will most likely not have a case if there is also ample information warning you about the side effects on the label or packaging of the product.
Apart from that, it may be difficult to make a dangerous drug compensation claim on your own, especially if you are going against a big pharmaceutical company as they have their own set of well-experienced legal teams. As for doctors and pharmacists, they are typically protected by large insurance companies, which makes it difficult to pursue a claim without any legal support.
How to Find the Right Legal Support
The services of a product liability lawyer are very critical if you have been injured due to the consumption of a drug. Through your product liability lawyer, you will be able to explore your options in attaining the compensation you rightfully deserve. However, before you work with any lawyer, make sure to take into consideration his or her’s experience, education, and expertise. It is also advisable to check their previous client’s feedback.
Your medication is designed to improve your health, not worsen it. If you find yourself in that unfortunate situation, you have the right to make a legal claim against the liable party. To best win the case, it is recommended that you should work with an expert product liability lawyer.
