Pharmaceutical Liability FAQs
Who is liable for harm suffered from prescription drugs?
Depending on your individual case, liable parties can range from the drug manufacturer, to your treating physician, to the pharmacy that dispensed the medication. An experienced lawyer at Garrett Law Office can help determine liability in your personal injury claim.
What are some of the ordinary causes of pharmaceutical negligence?
In the rush to get new drugs to market, pharmaceutical companies may fail to disclose certain side effects or health risks. Other times, adequate time is not spent on clinical trials, or researchers may miss important findings that come to light only after products are on the market for an extended period of time. Mistakes can also be made in manufacturing that may result in defective products.
Is there a time limit on bringing a pharmaceutical negligence claim?
Yes. Each state has its own statute of limitations establishing a deadline to pursue a negligence claim. In Oklahoma the time limit is 2 years from the date of injury.
What is the medical malpractice standard of care?
This is the measure of care and skill that the average qualified physician would provide to a patient who sought medical care for similar symptoms and circumstances.
How can I avoid a pharmaceutical injury?
When you buy prescribed or over-the-counter medication you should always read the labels carefully as they may contain ingredients you do not want or should not take. Drugs can interact with your other medications, cause an allergic reaction, or not be proper for your symptoms. Ask your pharmacist for help if you have trouble selecting the right drug for you symptoms and given medical history.
Do I still have possible legal rights for injuries suffered
from a drug that was not prescribed by a doctor?
In a case where no physician prescribed the drug which caused your injury, but instead you purchased it on your own, you may still have a claim against the drug manufacturer. However, you will not have a claim against your physician.
What is a class action lawsuit?
A class action is a unique type of lawsuit that allows a group of people who have comparable issues to sue another party as a group called a class. The initiative of a class action is that everyone who has been injured by the same conduct should not have to be put to the expense of hiring his or her own lawyer and go through the stress of a trial. Certain drug litigation cases fall under class action lawsuits against the manufacturer.
What drugs are most commonly found in drug litigation claims?
Among many others, the following are the most common drugs found in current litigation claims:
Is anything being done to warn consumers about
the possible dangers of taking prescription drugs?
The Federal Drug Administration (FDA) has strengthened its precautions in the labeling of certain drugs with dangerous side effects, through warning labels on the product. This includes Black Box warnings which are the highest level of warning.
What is an "off-label" drug?
An "off-label drug" is use of a drug in ways other than described in the FDA-approved label. It is legal for physicians to prescribe medications for off-label use. However, it is not legal for drug companies to promote unapproved uses or distort information about a medication's off-label benefits.
Why would anyone use a drug for any reason other than what it was intended?
Many prescription drugs can provide benefits for patients that are not the drug's primary purpose. This is an acceptable medical practice when done by an experienced doctor. When a drug manufacturer specifically markets a drug for an off-label purpose, it violates Federal law, and may cause serious injuries to patients.
What should I do if my physician prescribes a drug for off label use?
Tips for the next time your doctor prescribes any medication:
- Ask about the benefits and risks of the drug
- Talk to the pharmacist by asking them to review the package insert with you before filling the prescription
- Do some research by looking up the drug on the Internet
- Inquire with your doctor about other options if you are not comfortable with the risks and side effects of a certain drug.
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