Prescription Drug Errors: Who is Responsible for My Injuries

November 9, 2018

When you have been prescribed a medication from your doctor, the main purpose is to help cure an ailment, relieve pain, or improve your health status. But sometimes, these prescriptions have unintentional consequences. Thousands of people every year suffer from a medication-related injury that may have been avoided. When you’ve been injured due to prescription drug errors, whose fault is it? And how can you seek justice? Here you’ll find information about prescription drug defects, who might be liable for your injuries, and how to know if legal action is right for you.

Whose Is Liable for Prescription Drug Errors?

Around 1.3 million people in the country are injured by prescription drug errors every year, with most of these cases being preventable. These cases include a wide variety of injury-types, as well as severity levels. The help of a legal team is often enlisted in these cases, as discovering who is responsible for your injury and why can be difficult.

Common Causes of Prescription Drug Injuries

Negligence of Your Medical Team

If your medication caused injury or harm because your doctor or pharmacy didn’t pay attention to allergies or interactions with other drugs, for example, they may be liable for that injury. Negligence can also occur when a hospital gives you too much of a medication or gives you something you do not need. If the injury occurred because of negligence, you may have a malpractice claim.

Defects Caused During Manufacturing

An injury may occur when a prescription drug is manufactured incorrectly or damaged in some way during the process. If a defect in prescriptions occurs at of these points, the manufacturer may be legally liable for any injuries caused.

Defects in Design (Side Effects)

Sometimes, different types of defects can occur within medication that is not necessarily due to packaging or shipping. For example, prescriptions may have been made and packaged properly, but contain harmful or dangerous side effects. If the manufacturer was aware of these dangers and continued to manufacture it, you may have a claim.

Marketing Negligence and a Failure to Warn

If you have been injured because of a medication’s marketing flaw, instead of a manufacturing flaw, the company responsible for making the drug may be liable. Marketing negligence can include cases where a prescription’s label lacks instructions or has improper instructions, there is a failure to communicate side effects or drug interactions, or there are incorrect recommendations for use.

If you believe you have been injured because of prescription drug errors or medical negligence, you need a skilled and experienced attorney to help you get the compensation you deserve. Contact the professionals here at Saladino & Schaaf, PLLC online, or call (270) 444-0406 today.




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Saladino & Schaaf, PLLC is dedicated to providing high quality, aggressive legal representation to victims of personal injury and wrongful death. Since 1984, this firm and its predecessors have had one goal in mind – to help the victims of personal injury put the pieces of their lives back together.

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