There is a complex issue within medical malpractice that involves the prescribing of dangerous drugs to patients in need. What happens if the drug causes a negative reaction? In some cases, it may be unavoidable. But in others, you may have the right to file a lawsuit to recover damages related to injuries caused by the dangerous drug. At that point, the question becomes: Who is responsible?
The answer may not be as straightforward as it seems. While drug companies are liable for injuries caused by their products, holding them accountable is often an uphill battle. In some situations, the company will argue that the prescribing doctor was aware of the potential side effects and failed to properly monitor the patient. In these cases, liability may shift to the doctor. A Charlottesville dangerous drugs lawyer can help you sort through these complexities and pursue the compensation you may be entitled to.
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Whenever you hear of “dangerous drug” lawsuits, you’re probably talking about product liability lawsuits. Product liability lawsuits are among the easiest for plaintiffs to win. The plaintiff is not required to prove negligence, only that they were injured by a product that they were using properly. You can’t bang yourself on the head with a hammer or something, but if the handle breaks and hurts your face, that is actionable.
Under the law, courts treat drugs as products and hold them to product liability standards. The court holds the drug company liable when the plaintiff proves that the drug caused an injurious side effect without a proper warning.
But what happens when the warnings clearly say that specific side effects can occur? The burden then goes to your doctor. Your doctor has a duty of care to treat you according to the prevailing standard of care in the medical industry. Monitoring a patient’s symptoms for dangerous side effects is within the purview of their practice.
While product liability lawsuits are among the easiest lawsuits to file and win, medical malpractice lawsuits are, by far, the most difficult. Why is that? Well, your state government officials want to protect the health care industry from unprofitability by ensuring that a plaintiff can only collect so much on a claim. They also want to avoid losses caused by meritless lawsuits that nonetheless require billable hours to defeat. Therefore, the rules regarding medical malpractice lawsuits are much stricter than the rules governing product liability lawsuits.
If you have suffered a dangerous side effect due to a drug interaction, a Charlottesville dangerous drugs lawyer at MichieHamlett can review the facts of your case. When a doctor makes an error, our team may pursue a medical malpractice lawsuit on your behalf. In situations where the drug itself is intrinsically dangerous, we could file a product liability lawsuit against the manufacturer. Contact us today to discuss your legal options.
