Medication is meant to treat and prevent illnesses and injuries. People of all ages take over-the-counter and prescription medicines to treat a variety of conditions. Companies manufacture drugs, doctors prescribe medication, pharmacists dispense it, and consumers expect that the drugs are safe.
If you or a loved one has been harmed or killed by a defective medication, a Roswell dangerous drugs lawyer could offer assistance. A knowledgeable injury attorney could help you understand your avenues for legal recovery and bring a claim on your behalf.
Defining Dangerous Drugs
Most prescription and non-prescription medications can result in side effects. Some side effects have a physical or mental manifestation, while others have aggravated effects when combined with other drugs or substances.
When the side effects outweigh the benefits, a drug may be defective. Side effects can range from heart palpitations to increased risk of contracting a serious disease. The most serious defective medications may cause lasting harm or even fatalities.
Indications a Drug is Defective
Many side effects are quite severe. Some side effects from using dangerous drugs include:
- Blood clotting and strokes;
- Cardiac arrest;
- Internal bleeding;
- Liver dysfunction;
- Cancer or increased susceptibility to cancer; and
- Long-term disability.
Often, the United States Food and Drug Administration (FDA) issues recalls on defective drugs. The FDA either forces a drug recall or the drug manufacturer volunteers it.
A drug recall is a good indicator that something is wrong with the product. FDA recalls range in severity from Class I to Class III, from a high likelihood of harm due to using the drug to a low one. The FDA publicizes recalls in a variety of media to reach the largest number of patients taking the affected drug. The FDA updates its website to reflect the most recent recalls on the market.
Liability for Harmful Medications in Roswell
There may be several parties that can be held accountable for allowing dangerous drugs to reach consumers. The following three legal theories are common in civil liability suits.
Failure to Warn
Failure to warn claims hold a manufacturer liable when they fail to adequately notify users of possible side effects and a person consequently suffers harm. In a failure to warn case, the manufacturer may or may not know about the harmful side effect. If the manufacturer is aware and knowingly misleads users, the case for liability may be stronger.
Relatedly, Georgia uses the legal theory of strict liability. This approach would hold a manufacturer responsible for a drug even if it was unaware of a drug’s defects under certain circumstances.
Negligence is a common cause of action in Roswell dangerous drug litigation. The primary allegation is that the manufacturer or another defendant carelessly caused injury to the plaintiff because of poor product design, manufacture, or other negligent act or omission.
Schedule a Consultation with a Roswell Dangerous Drugs Attorney
Taking medication that harms you can be frightening. Experienced legal counsel could guide you through this confusing time. An attorney could help you exercise your rights in settlement negotiations or in a court of law to obtain compensation for the harm wrought. Reach out to a Roswell dangerous drugs lawyer today to schedule a consultation to discuss your case.