If you or your loved one was misdiagnosed by a doctor or prescribed the wrong drugs, you could take legal action. It’s very sad when someone takes a drug to get better but instead compounds their medical condition or, worse, causes death. If factors like negligence or errors in labels are present in a drug injury, then there is the option of filing for a drug lawsuit.
What is Drug Injury?
A drug injury refers to an injury or death caused as a result of prescription or over-the-counter drugs. An injury could be temporary or permanent; it could be an unexpected reaction to the drug, severe side effects, or death. To make a drug injury case, it’s essential to prove that the situation could have been prevented if the party liable (such as the drug manufacturer, pharmacist, or doctor) took the correct actions.
Who Is Liable For Drug Injury?
Proving liability for drug injury can be difficult, and that’s why you need to reach out to Massachusetts drug injury attorneys or any drug injury lawyers near me to build a case. The most common parties liable for drug injuries are drug manufacturers, doctors, and pharmacists. Medications can be problematic from the manufacturing level, the prescriptive level, and the pharmacy level.
For example, if the manufacturer put out drugs not approved by the FDA, then the manufacturer is liable in this case. To build a case for drug injury, the first step would be to confirm that the action was preventable. If you took prescribed medication to improve your health, but it did the opposite and made your medical problems worse, then you may have a case.
What Are The Factors That May Determine Whether I Have a Case?
Not every adverse effect on a drug can help prove a drug case. Some factors a drug injury attorney may consider to determine if you have a drug case include:
- If you are using the drug for an FDA-approved purpose
- If you are using the drug following the prescription listed on the label or as prescribed by a physician/pharmacist
- If you experience a side effect not listed on the packaging label
- If the drug compounded your medical problems to the extent that you lost your income or wages
How Much Is a Case Worth?
There is no way to tell how much your case is worth upfront, as this is usually based on the factors around your case and the person you are holding liable. Usually, drug injury lawyers can recover medical costs, lost income, pain and suffering, and so on.
What Should I Do If I or Someone I Know Have Suffered a Drug Injury?
If you are experiencing severe side effects or threatening reactions from prescribed or over-the-counter drugs, it’s best to see a doctor immediately. A physician will assess the extent of the injury and decide if you should discontinue the drug. Also, it’s crucial for a highly skilled attorney to help determine if you have a case so they can fight for you and help recover the value of what you’ve lost.