Prescription and over-the-counter (OTC) drugs are supposed to improve your health, and many can save your life. But the pharmaceutical industry is known for putting profits ahead of safety, and too many medications are dangerous and defective. If you have been harmed by a defective drug or if you have lost a loved one to the side effects of a dangerous medication, you do have legal recourse. Drug injuries caused by defective medications fall under an area of law called product liability.
Defective Drugs are Rarely Recalled
If the drug that caused your injuries has been recalled that’s great, but it is far from necessary for you to have a case. The majority of defective drugs are not recalled, for many reasons. When the U.S. Food and Drug Administration (FDA) takes action at all, it usually requires a change in the warning label to reflect the dangers that drug poses rather than taking the drug off the market.
Defective Drug or Medical Malpractice?
When patients find out that they were harmed by a medication, their first reaction is often to assume that the doctor or another healthcare professional is too blame. In cases of medication error, that is correct. However, when the problem is with the drug itself, or with its labelling, the blame lies with the drug maker rather than with medical professionals.
Drug makers have a duty to warn consumers and doctors about the potential side effects that their products can cause.
What You Can Do
If you have been harmed by a defective drug, you are facing a powerful opponent that has teams of attorneys with decades of practice in shielding the drug companies from responsibility for the injuries and deaths that they cause. You need an attorney who can level the playing field for you. AccidentAttorneys.org only works with highly credentialed attorneys. Please, contact us today to be connected with a lawyer who can help you and your family.