Can You Sue After Suffering Side Effects from a Prescription Drug?
- July 27, 2018
- Sandy
The FDA estimates that as many as 98,000 medical malpractice related mistakes cause deaths in hospitals every year. Of those deaths, over 7,000 are due to doctor prescribed drug-related issues.
If you or a loved has suffered from negative side effects of prescribed medication in, you may be wondering if you have grounds to sue.
As it turns out, there are a couple of common drug-related instances that entitle you to take legal action.
Medical Malpractice
When a doctor prescribes medication, they have a duty to assess the health benefits a medication can provide to a patient. They also need to consider a medication’s known side effects. Finally, they need to understand outcomes of taking a medication in conjunction with other prescriptions a patient is using.
After those assessments are made, if the medication is prescribed, pharmacists then need to follow doctor prescribed guidelines on how to accurately fill prescriptions.
If any of the aforementioned duties are performed in a negligent fashion and you taking medicine that was prescribed had negative health consequences, you may have grounds for a medical malpractice lawsuit.
In these situations, it’s important that you contact an attorney in San Francisco as soon as possible. A qualified legal professional can help build a case that can prove the liability of a doctor, nurse or pharmacist. They can then get you the compensation you’re entitled to.
Product Manufacturer Negligence
More often than not, doctors, nurses, and pharmacists prescribe and fill medication correctly. Still, there are instances where medication manufacturers do not adequately warn as to side effects and health risks.
Even if all health risks get disclosed by manufacturers, they may simply ship defective products. This can lead to serious negative health effects for those who ingest the medication.
With product negligence cases, you and your Oakland personal injury attorney can identify a drug’s manufacturer. You can then prove the defectiveness of their product with the help of expert testimony.
So, Can Sue after Suffering Side Effects of a Doctor Prescribed Drug?
If you’re wondering if you can take legal action after suffering doctor prescribed drug side effects the answer… is a resounding yes.
In order to accomplish a successful suit, you’ll first need to determine liability. This can fall on the part of your healthcare provider or on the pharmaceutical company.
Then, with the appropriate party identified and a qualified legal professional in your corner, you can then take the matter to court.
Do you feel you have suffered as the result of medical malpractice and are looking for legal help? If so, look no further than The Barnes Firm.
We have attorneys in Southern and Northern California. They have fought for the rights of happy clients for years. Let us take our legal expertise and do the same for you.
Contact The Barnes Firm today for your free case consultation with a San Francisco personal injury attorney.