Hancock County Dangerous Drugs Lawyer
We rely on medications to maintain our health. From prescription drugs to over the counter medications that any person can buy, these medicines can have serious health consequences if they are defective.
Drug manufacturers have a duty under the law to produce products that are safe for their intended use. This includes developing a safe chemical formula, ensuring safe manufacture, and providing proper warnings about appropriate use. A drug maker who fails in this duty may be liable for any resulting harm.
Similarly, Pharmacists have a duty to fill a prescription with the proper medication. With many pharmacists now working for large national companies that limit the amount of time pharmacists can spend on each prescription, mistakes – sometimes fatal – happen. When a national corporation employs procedures that result in such system wide favors, they can be held accountable for all the damages that result.
A Hancock County dangerous drugs lawyer could help if a hazardous medicine or misfiled prescription has caused you harm. A skilled personal injury attorney could help individuals understand what they need to prove to pursue a claim and to gather the necessary evidence to demand payment.
What Makes a Medicine Dangerous?
Every drug, supplement, or substance that a person chooses to put in their body comes with a risk. Even relatively harmless substances such as aspirin, vitamins, or antacids must undergo strict FDA testing to ensure safety. Doctors and patients should discuss the purpose of these drugs and weigh the benefits of taking them against the potential side-effects.
Drugs that interact with others may cause dangerous chemical imbalances. Mislabeled medicines or incorrect dosage could lead to a person overdosing, having an allergic reaction, or taking a medication that does not treat their symptoms. Additionally, manufacturing errors could lead to chemical impurities that can have an unpredictable effect on a person’s health.
Compensation for Unsafe Drug Harm
Dangerous drug cases are one example of personal injury claims that can fall under product liability. These cases allege that the product manufacturer is responsible for an injury that resulted from a consumer using that product.
In these cases, a claimant must be able to prove that the drug maker failed to provide a safe drug within the framework required by law. According to Mississippi Code §11-1-63, claimants must demonstrate that:
- A manufacturing error resulted in a product that differed from the maker’s specifications
- The product did not come with sufficient instructions for safe use
- The design of the product was defective
- The product breached an express warranty or representation from the seller
In dangerous drug cases, a claimant may argue that an error in producing the drug resulted in a chemical impurity. It could be discovered that the chemical formula was inherently unsafe. Additionally, a lawyer in Hancock County could argue that the makers did not provide proper warnings about how to safely use the drug.
Mis-filled prescriptions, on the other hand, may fall under claims of negligence and/or medical malpractice. A Hancock County dangerous drugs attorney can help you and your loved ones identify the proper type of claim, gather the right kind of evidence, and ensure that the claim is filed within the applicable deadline.
Reach Out to a Hancock Dangerous Drugs Lawyer for Guidance
Every pharmaceutical company has a duty under the law to produce a drug that is safe for its intended use. This can be done by performing detailed tests as to how that drug will affect a patient, ensuring safe manufacture of that drug, and providing doctors and patients with appropriate warning labels to promote safe use and allow people to make an informed decision.
Unfortunately, failures on the part of drug companies to fulfill this obligation are common. Errors in the chemical formulas, improper packaging, and manufacturing errors could all lead to life-threatening harm.
Similarly, due to the time constraints big chain pharmacies are placing on hometown pharmacists, mis-filled prescriptions with often catastrophic results are on the rise.
A Hancock County dangerous drugs lawyer could help you hold the negligent drug manufacturer or chain pharmacy accountable. Call today for a free consultation to discuss your options.
