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Millions of individuals across the nation rely on prescription drugs and over-the-counter drugs to treat injuries and illnesses. Ailments ranging from migraine headaches and high cholesterol to Crohn’s disease and diabetes can be alleviated with medication.
All medications carry some level of risk. Unfortunately, the known side effects of prescription drugs are not the only danger that may accompany their use. At times, a manufacturing defect, failure to warn, or even physician mistreatment can result in grave injuries affecting you for the rest of your life. If you have suffered injuries after using a dangerous drug, an experienced injury attorney can help you understand the complexities of an ensuing lawsuit. Discuss your case with a skilled Erie dangerous drugs lawyer at Lowenthal & Abrams, Injury Attorneys today.
Common Injuries Resulting from Dangerous Drugs
Dangerous drugs are often the subject of federal recalls. Recalls can happen for several reasons, including the discovery of certain FDA violations or the potential for health problems. Just as there are many reasons a prescription drug may be dangerous, there are varied injuries that can result from their use, including:
- Organ damage
- Kidney damage
- Heart attack
- Blood clots
- Stroke
The list of potential injuries a victim may sustain while using dangerous legal drugs is extensive and varies in severity. A dangerous drugs lawyer can help victims in Erie navigate life and the legal system after these injuries.
Theories of Liability in a Dangerous Drugs Case
The specific type of liability that comes into play in a dangerous drugs suit will depend on the specifics of the case. Someone might sustain injury resulting from the nature of the drug itself if there is any defect in its production. Consumers can also be injured from an incorrect dosage due to inadequate instructions or even physician mishaps.
Product Liability
If someone is injured by a dangerous drug due to a defect in the product itself, rather than by professional administration of the drug or prescription, an attorney will likely proceed with a product liability claim. Product liability laws hold manufacturers, retailers, and distributors of drugs responsible for their safety.
To establish fault in an Erie product liability case, a dangerous drugs attorney will need to prove that there was a defect in the manufacturing of the drug, the warnings produced on it, or the very design of the drug itself. In Pennsylvania, product liability cases are tried under strict liability, which does not require the injured party to prove negligence on the part of the responsible party.
Medical Malpractice
In addition to issues with the drug itself, consumers might also experience problems with a medical professional’s authorization of the prescription. In this case, it is possible that a medical malpractice case could ensue.
State law has several specific rules regarding medical malpractice cases. The first is the statute of limitations, or the amount of time a victim is afforded to file their lawsuit. In Pennsylvania, victims must file their suit within two years of when the injury was discovered or when it should have been discovered.
Additionally, medical malpractice cases require what is known as a “Certificate of Merit.” A Certificate of Merit is a signed statement from a licensed medical professional. It states that the professional has reviewed the facts of the case and asserts that it is reasonably probable that the medical professional responsible for the injuries fell below the requisite professional standard. Speaking with a dangerous drugs attorney can provide clarity on the specific nature of a case and the necessary next steps.
Get in Touch with an Erie Dangerous Drugs Attorney
While prescription drugs can substantially improve the symptoms of disease and your quality of life, they can also be hazardous. Injuries sustained from dangerous drugs can worsen pre-existing conditions and result in permanent injury.
If a medication that was supposed to improve your condition left you in worse shape, you could have options for legal recourse. Call an Erie dangerous drugs lawyer to schedule a free initial consultation today.
