Have you ever bought a medicine prescribed by your medical doctor but ended up in a worse condition than you were initially in because you experienced serious life threatening side effects from using the drug?
Did you just say yes? It means you are one of the multitude of people who have suffered serious harm from using a defective drug manufactured by pharmaceutical companies who prioritize making profit over saving people’s lives.
The straightforward thing to do is to demand compensation from such companies or the healthcare provider as the case may require. A reputable drug injury attorney you can trust in San Antonio can be found by opening: drug injury lawyer in San Antonio.
Maybe you don’t know this possibility existed, let’s dive into what drug injury is all about.
What Is Drug Injury?
A drug injury occurs when anyone dies or gets harmed from using a drug prescribed by a medical doctor or drugs that were purchased over-the-counter.
If you are to be eligible for a drug injury lawsuit, it should be clearly established that the harm sustained from using the drug could have been averted if the manufacturer, or health care provider did a better job.
Before any drug gets to the market, it must have been approved and passed as safe for the condition it intends to treat by the Food and Drug Administration (FDA). However there are instances where some manufacturers find ways to maneuver their ways through the FDA scrutiny.
Who Are The Liable Parties In A Drug Injury Lawsuit?
People tend to think that only pharmaceutical companies are liable in a drug injury litigation. However, this is not the case in reality. The pharmacy or health care provider who prescribed the drug can also be held responsible if it can be proved that they could have done a better job.
How the pharmacy can be implicated is if they have wrongly handled the drug or have carried on their duty with negligence.
For the most part, the drug manufacturers are held liable in a drug injury lawsuit.
What Is A Defective Drug?
It must be clearly established that a drug is really defective before you can sue for a drug injury claim. There are acceptable instances where drugs can produce side effects in patients but if the side effects are severe and far outweigh the drug’s potential benefits such drugs can be said to be defective.
The following are clearer definitions of a defective drug:
- A drug manufactured without adhering to standard practise required by law thus leading to dangerous contaminants being in the drug.
- A drug that has an imbalance of ingredients.
- A drug not adequately labeled or which doesn’t include sufficient warnings about potential drug interactions, appropriate use or potential side effects.
Nowadays there are many deaths and injuries resulting from the use of defective drugs flying around in the market. While irreversible damage could have occurred from their use, getting a powerful drug injury attorney would help you get a fair compensation for your pain.