Malpractice Claim For Dangerous Side Effects Of Drugs

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Most drugs have side effects, but most side effects are nothing more than minor inconveniences. Unfortunately, some drugs have dangerous side effects that can make you even sicker than you were before taking medication. If you experience such rare side effects, you might be able to claim injury damages from the liable party.

Whether or not you have a claim depends on the circumstances of your case. Below are some of the situations in which you may succeed with such a claim.

No Warning

Most drugs, even those that are not defective, have side effects. The drugs are still useful, because, in most situations, the benefits outweigh the risks. Still, every patient deserves to know about possible side effects before taking a drug. The knowledge helps the patient to make an informed decision on whether to take the drug.

Warnings on potential side effects should come from multiple parties, for example:

  • The drug manufacturer should indicate the side effects on the drug packaging
  • The medical professional prescribing the medicine should warn their patient
  • The pharmacist dispensing the drug should warn the patient

Any or all of these parties can be liable for the damages if they fail to warn the patient.

Defective Drug

Victims of defective drugs would deserve compensation even if they received the side effect warnings. This is especially true if a drug's defect worsens the side effects.

Consider a case where a manufacturer claims that one of the side effects of their drug is mild headaches. However, perhaps the drug is defective, and those who use it experience thunderclap headaches accompanied by brain hemorrhages. In such a case, the drug manufacturer might be liable for the injury.

Serious Injuries

Only those who experience serious injuries or dangerous side effects are entitled to compensation. Examples of dangerous side effects include heart attacks, birth defects, and organ failure. A mild headache that lasts less than a day, a brief bout of nausea, or a grumbling stomach might not qualify as a dangerous side effect. Victims of such side effects might not get any compensation even if no one made them aware of the side effects.

Diagnostic or Prescription Mistakes

Lastly, victims of diagnostic or prescription errors are also entitled to compensation if they experience dangerous side effects. Take an example where a doctor misdiagnoses a person with a heart attack and prescribes heart attack medication. If the person suffers dangerous side effects of the medication, they may be entitled to compensation from the doctor.

To learn more, contact a personal injury attorney in your area.

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