Pharmaceutical Drug Liability: What To Do When Your Medication Harms You

Posted on: 10 December 2014

Some pharmaceutical names are not famous because of how much they have helped people; they are famous because of how much they have harmed people. Every year, pharmaceutical companies release several new types of medication; and every year some people suffer from medication related problems. How does pharmaceutical drug liability work and what should you do when your medication harms you?

Understanding the Chain of Distribution

Prescription drugs are one of the more complicated products on the market when it comes to proving liability. This is largely because of how many different people are involved in the producing and selling of it. Finding out who is responsible when you are harmed by a medication involves looking at all of the following people:

The Drug Manufacturer: This is where the medication originates. This is the company who makes the medication and is responsible for reporting any known side effects. They are also responsible for testing the drug before releasing it to the public

The Doctor: Your doctor is who prescribed the medication to you in the first place. It is your doctor's responsibility to prescribe the right kind of medication and the right dosage. It is also your doctor's responsibility to be aware of your other medications and any allergies you have.

The Pharmacist: This is the final person to have the medication before you actually take it. The pharmacist is responsible for making sure you get the medication you were prescribed. They are also responsible for making sure you do not have any questions regarding how to take the medication.

When it comes to pharmaceutical drug liability, any or all of these individuals can play a role in why your medication harmed you in the first place.

The Medication Itself

Not all medications are dangerous. In order to get compensation when a medication harms you, you have to prove that there was something that went wrong. Some of the more common reasons to sue for pharmaceutical drug liability include:

Manufacturer Made a Bad Product: The manufacturer is not perfect; and mistakes can happen. The first thing to examine is whether or not something went wrong in the production of the medication.

You Were Not Warned Properly: All prescription drugs have some side effects. In some cases, manufacturers do not disclose some of the side effects. It is also possible that your doctor failed to warn you about a bad interaction the new medication could have with something you are already taking.

The best thing you can do for yourself in this situation is to reach out to an injury attorney to discuss whether or not you have a product liability case. You need to explain what you were taking and what went wrong. Your lawyer, such as someone from Hammer, Ferretti, and Schiavoni, can tell you what to do next in order to move forward.

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