Doctors and pharmaceutical companies are in a position to help but often fail to keep their patients’ best interests in mind. If a doctor or pharmaceutical company injured you by providing a dangerous drug, you are entitled to hold them accountable. A dedicated attorney could help prove the defendant is liable and recover damages you deserve.
An experienced attorney has handled cases like yours before and understands how to build a successful lawsuit. Do not lose out on damages you are entitled to, hire a Birmingham dangerous drugs lawyer to help. En español
Who Could Be Held Liable for a Dangerous Drug?
In situations where a dangerous drug has caused the public harm, the manufacturer could be the main liable party. In some cases, however, the plaintiff’s medical providers may also be held liable. A Birmingham attorney could help determine which party is responsible for the plaintiff’s use of dangerous drugs.
The Pharmaceutical Company
Pharmaceutical companies are required to provide drugs that are safe for the user. Drug manufacturers have a legal duty to perform testing to reveal any potential side effects of the drugs. Additionally, under Alabama code §6-5-521, the company must warn of any potential side effects the medication could produce.
Drug companies may not place the warning in a hard-to-find spot or make a vague warning. The warning must be a clear communication of the potential side effects.
Additionally, the drug company could be liable if it acted negligently in producing a dangerous drug. Therefore, should an injury arise from its failure to design or manufacture a safe drug, the manufacture is liable.
Medical providers are trusted to provide safe care to their patients, including prescribing safe medicine. Medical providers who can be potentially liable include: doctors, physician assistants, nurses, and pharmacists.
A medical provider is liable when he or she knowingly prescribes a dangerous drug or fails to adequately warn of its side effects. However, the drug itself does not have to be inherently dangerous. A medical provider can be liable when they prescribe a medication that is dangerous due to the plaintiff’s existing medical condition.
The Dangers of a Hazardous Medication
Unfortunately, dangerous drugs could lead to serious, life-threatening injuries. As a result, the plaintiff has a right to recover for injuries caused by a dangerous drug.
Dangerous drugs affect people differently, and each plaintiff suffers differently. While some injuries are mild, other plaintiffs experience severe injuries. Some common injuries are:
- Heart attacks and damage
- Seizures and Strokes
- Organ Failure
These injuries can change the plaintiff’s life forever and impact their loved ones. A Birmingham attorney could help prove the dangerous drugs caused the plaintiff’s injuries.
How Can Somone Recover Compensation for Damages After Dangerous Medication?
If a medical provider or manufacturer is responsible for causing the plaintiff’s injuries the plaintiff is entitled to both economic and non-economic damages.
The plaintiff receives economic damages when they suffer a monetary loss because of his or her injuries. Should plaintiffs lose the ability to work or have a diminished working capacity, the plaintiffs are entitled to lost wages. Additionally, any out-of-pocket expenses for medical treatment, therapy, medications, or other costs are included with economic damages.
Non-economic damages provide the plaintiff with compensation for the physical injury. This includes pain and suffering the plaintiff experiences and the loss of quality of life. The plaintiff’s quality of life is measured based on what they did before the injury and their limitations after the injury.
Get Help from a Birmingham Dangerous Drugs Attorney
Medical providers and drug manufacturers need to be held accountable for their actions. An experienced Birmingham dangerous drugs lawyer could help you prove they are liable for your injuries.
Our firm is ready to help with your lawsuit. Call us today and schedule a consultation with one of our experienced attorneys.