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Who Can Be Held Liable for Defective Medication?

Who Can Be Held Liable for Defective Medication?

December 7, 2021 | Pharmaceutical Litigation

Millions of people in America take medication every day to treat different types of illnesses. While most pharmaceutical drugs are safe, there is always the chance of defective medication making its way to the market. If you have suffered an injury or illness after taking defective medication, you can claim compensation for an injury through a pharmaceutical litigation lawyer.

According to the World Health Organization (WHO), medication errors are often caused by medical professionals lacking in:

  • Therapeutic training
  • Drug knowledge and experience
  • Knowledge of the patient
  • Proper perception of risk
  • Alertness due to long working hours
  • Stable emotions
  • Communication skills with the patient

Many of these are unintentional, but no reason makes defective medication excusable. Those who fall victim to medication errors can seek redress from the law. The following are some of the personnel and entities that can be held liable for defective medication:

1. Drug Manufacturer

Due to their role in making the drugs, the manufacturer often bears the largest liability, especially if there is something wrong with the drug’s chemical formulation. If you choose to sue a Big Pharma company, prepare to face a stiff defense by finding a qualified pharmaceutical litigation lawyer with a successful track record.

2. The Doctor

The doctor or physician knows a lot about the medication to be able to warn you about its side effects. With that information, the patient can decide whether they want to go ahead with the medication. If the doctor prescribes the medication without warning the patient of its side effects, they (the doctor) are liable to compensate the user for resultant damages. If that is the case, the patient is free to file a suit.

3. The Hospital

In some cases, a patient who suffered the adverse effects of defective medication can involve the hospital where the prescription happened in the suit. For some reason, the doctor could have prescribed medication available in the hospital without knowing it is dangerous. Hence, suing a hospital that knowingly distributed dangerous medicine could be one of the best actions to take.

4. The Pharmacist

It’s possible that a patient could get misleading information about the safety of a drug from the pharmacist who packed the prescription. In that case, the pharmacist could be held liable for any injuries that may arise. This is a viable option, especially if the pharmacist mixes up the prescription or recommends the wrong dosage.

5. The Pharmacy

What types of drugs does the pharmacy store? In some cases, the pharmacy may stock dangerous generic medicines that aren’t quite what the doctor prescribed. Pharmacy technicians may fail to warn patients about the side effects and possible drug interactions. Where the pharmacy engages in practices that aren’t up to industry standards, the patient can sue for any resultant injuries.

Contact a Reputable Law Firm If You Are a Victim

Every patient deserves the best when getting safe medication from the manufacturer, hospital, and pharmacy. Any errors caused by these entities should mean a lawsuit for compensation. That doesn’t exempt doctors and pharmacists working in these entities since they too may misadvise the patient during drug prescription and dispensation. 

If you’ve been injured or negatively affected by any defective medication, contact Napoli Shkolnik for a free case evaluation with a skilled lawyer.

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CATEGORY: Pharmaceutical Litigation

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