Whenever doctors prescribe medications, patients would consider it their hope in order to bring back their normal life. However, it would be a traumatic feeling as the pharmaceutical products, including over-the-counter medications, dietary supplements and other remedies are not the solution to the pain suffered and experienced. Who are we to blame? This is how the term “pharmaceutical liability” refers to. This law is considered as an amalgam. A mixture of concepts, notions derived, principals from other sources. This law is subject to further research, investigation and thorough refinement and change in order to have justice to those who are involved in these cases.
Is the doctor at fault?
In these cases, when an individual is suffering or whenever his condition is made worst because of the medications he took, the court would always make further investigation before making any final decision. An expert lawyer may conclude the doctor may take and share the responsibility of the pain and injury suffered. In addition, some states consider the doctor’s responsibility even if he is not sued. Plaintiffs are able to receive an amount of compensation from these doctors in addition to the reward collected from the manufacturer. Other states however, manufacturer would take all the responsibility to recover from the damages spent from the injury and pain suffered unless, the jury persuades that the doctor is at fault and the plaintiff will sue the doctor itself.
I was not informed of the side effects of the drug.
The moment the drug is approved by the US Food and Drug Administration (FDA), it is considered safe for usage. However, these medications are not tested to a majority number of people; therefore, there are other side effects which are only known as an individual takes the drug. Doctors are only aware of the side effects known from the tests taken. There are some serious side effects that may be rare that doctors are not aware of.
Whenever FDA approves the drug is safe for human use, it means that the benefits the drug brings outweighs the known risks. It is not necessarily mean it is safe for everybody. Furthermore, FDA reviews the manufacturer’s research in order to determine whether or not the drug works and is safe for most of the individuals. There are some rare side effects which will only be discovered before the drug is approved.
When is the right time to file for a lawsuit against the manufacturer?
Generally, the right time for filing the lawsuit against the manufacturer is from the moment the drug is taken. Although it may vary from state to state, the courts will always find justice to both parties. In some situations, the deadline is suspended in order to have a longer time to file for a lawsuit. Some states would consider only when the time the person suspects and learns that the injury or pain he is suffering was caused by the medications he took.
Building this kind of case, like any other cases, is complex. Only experienced and expert lawyers have knowledge and are willing to defend and support their clients to win the case.