Generally speaking, patients take prescription drugs with the hope of getting healed or reducing the pain they’re feeling. However, there are situations when these drugs don’t work the way you expect them to be. One of the severe effects can be an injury that might linger in your body for a long time, depending on the situation.
Like so, when a drug injures you, you might wonder whether you can bring medical malpractice against your erring doctor or a product liability claim against the drug manufacturer, distributor, or retailer. Well, the answer to that question is both, depending on your personal circumstances.
Keep reading this article to learn more about whether drug injuries can be a cause of action for medical malpractice or a product liability claim.
What Is Medical Malpractice?
Basically, medical malpractice is a specialized area of personal injury law that’s among the leading causes of injury in many individuals. It occurs when a doctor or any other medical professional fails to perform a reasonable degree of care through negligence, causing an injury to a patient.
In most cases, medical malpractice can happen in various ways. One of them is when a drug prescribed by a doctor has harmed you because of negligence. At this point, you need to work with a dedicated lawyer from https://www.hastingsfirm.com/ or other reliable online law firms near your area to file a medical malpractice lawsuit. Doing so allows you to seek compensation for all the losses you might have suffered due to malpractice.
However, to have a successful claim, you need to prove the elements that led to the medical malpractice:
- The doctor-patient relationship existed, which means the medical professional has a duty of care to you as a patient.
- The doctor falls beyond the reasonable degree of care expected from them by failing to warn you about the known risks of the drug they prescribed for your treatment.
- The doctor’s breach of duty is the proximate cause of the injury you’re suffering.
- The injury results in economic or non-economic damages or losses.
On the other hand, if you want to increase your chances of winning your case and getting the compensation you need, you and your lawyer should collect specific evidences. These can include:
- Medical reports, including laboratory test results
- Evidence of the injury suffered
- Witness statements
- Expert witness testimonies and other relevant documents.
What Is Product Liability?
Product liability is primarily an area of personal injury law that holds manufacturers, distributors, and retailers accountable for the injuries their products cause. In the case that you suffered an injury after taking a drug, you could be eligible to file a product liability claim against the persons who manufacture, sell, or distribute the product in question.
Although, bringing a liability claim in court can be tricky if you have no idea what steps to take from the beginning. Before you can win a case and get compensated for the injury you sustained, it’s essential to know how to establish liability for a defective drug. In doing so, the following drug defects should be considered:
- Manufacturing Defects: A product liability claim is in order if you’ve been injured by a drug that’s improperly manufactured or become tainted during the manufacturing process. The defect might happen due to an error in the manufacturing facility, the pharmacy where the drug is bottled, or during the shipment process. Also, a liability case based on a manufacturing defect should be filed if a labeling error has been the direct and natural cause of the drug injuries.
- Marketing Defects: You can also file a product liability claim if you can prove that improperly-marketed drugs caused your injury. When the drug manufacturer, distributor, or retailer fails to warn others about the dangerous side effects, leading to injuries, they can be held liable for the harm they caused. Apart from the actual damages, you can also obtain punitive compensation.
But, like most medical malpractice cases, filing a product liability claim requires the assistance of a lawyer. Since they know the ins and outs of product liability laws, they can help you prove using valuable evidence the liability of the drug manufacturer, distributor, retailer, and other related individuals.
Getting injured by someone else’s fault can be a challenging experience. Depending on the severity of your injury, you might have to take some time off and lose wages, pay hefty medical bills, or experience pain as a result. Regardless of the consequences, keep the information mentioned above in mind so you’ll know what to do in case it happens to you. This article can help you be certain whether to file a medical malpractice case or a product liability claim to get compensated for your injury.
Leave a Reply