Pharmaceutical Drug Liability: Failure to Warn
Posted on Sunday, April 30th, 2023 at 10:07 pm
If you’ve ever seen a TV commercial for a new prescription drug, you likely heard a lengthy description of the drug’s side effects at the end. These warnings are crucial to helping doctors and patients grasp the risks of a given medication, as patients have the right to understand their medical treatment. Sadly, drug companies frequently get in trouble for failing to warn users of potentially harmful side effects. This failure to warn can lead to severe, potentially fatal injuries for patients.
When pharmaceutical companies fail to adequately warn doctors and patients of potential side effects, injured patients have the right to file a product liability claim against the manufacturer. Below, the Chicago prescription drug injury attorneys at Wallace Miller discuss the basics of pharmaceutical drug liability cases, drug companies’ duty to warn patients of potential side effects, and how to find a lawyer for your drug liability case.
Drug Manufacturers’ Duty to Warn
Pharmaceutical companies have a legal obligation to warn patients and doctors of the potential side effects of their medications. This duty to warn extends to the risks that the company knew or should have known about, even if the side effect is rare or unlikely to occur. Drug companies must also ensure that the warnings they include with their medications are clear, accurate, and understandable to both doctors and patients.
Unfortunately, some pharmaceutical companies prioritize profits over patient safety and fail to adequately warn patients of the risks associated with their drugs. This failure to warn can lead to severe and potentially life-threatening injuries for patients.
What Is a Pharmaceutical Drug Liability Case?
Pharmaceutical drug liability cases arise when a patient suffers injuries from a prescription drug due to a manufacturer’s failure to warn of the potential side effects. These cases are a type of product liability claim, which holds manufacturers responsible for injuries caused by their products.
To succeed in a pharmaceutical drug liability case, the injured patient must prove that:
- The drug manufacturer had a duty to warn of the potential side effects
- The manufacturer failed to provide an adequate warning of the possible side effects
- The inadequate warning was a direct cause of the patient’s injuries
Because pharmaceutical drug liability cases involve complex medical issues and complicated scientific concepts, it’s essential to work with an attorney who understands these issues. Equally important is the ability to explain these concepts clearly to a judge or jury, so think carefully about who you want to represent you in your case.
What Types of Medications Are Subject to Product Liability Lawsuits?
All prescription drugs are subject to a product liability lawsuit if the manufacturer fails to warn of potential side effects. Some of the drugs that commonly come up in drug liability cases include:
- Blood thinners
- Hormone replacement therapy drugs
- Antipsychotic medications
- Birth control pills
If you have suffered an injury from any prescription drug, it’s important to speak with an experienced pharmaceutical drug liability lawyer as soon as possible. An attorney can help you understand your legal options and pursue compensation for your injuries.
How to Find a Pharmaceutical Drug Liability Lawyer
If you or someone you love has been injured by a prescription drug, finding the right lawyer is essential. Look for an attorney with experience handling pharmaceutical drug liability cases and a proven track record of success.
The internet is a great place to start your search for a qualified attorney. Look for reviews and testimonials from past clients, and check to see if the attorney has been recognized by legal organizations or publications. You can also ask friends, family, or other attorneys for recommendations.
When you schedule a consultation with a pharmaceutical drug liability lawyer, be prepared to discuss the details of your case, including the medication you were taking, the side effect you experienced, and your medical history. The lawyer will be able to evaluate your case and provide guidance on how to proceed.
Contact Our Prescription Drug Injury Attorneys Today
If you suffered injuries from a prescription drug due to the manufacturer’s failure to warn of potential side effects, you may have the right to compensation. A pharmaceutical drug liability lawyer can help you understand your legal options and pursue the compensation you deserve. Don’t wait – contact the experienced attorneys at Wallace Miller today by calling (312) 261-6193 or visiting our contact page.