4 Features Of A Drug Injury Claim

Typically, most people expect that the medications prescribed by their doctors or bought from the pharmacy stores will work as intended. However, not all drugs available in the market help people with their physical and mental health conditions. Some are defective and may cause harm, while healthcare professionals negligently prescribe others.   

Thus, if a drug has injured you, you may have a right to start a drug injury claim to get compensation for your injury. Yet, to have a successful case, it’s essential to understand this claim to navigate it more effectively.   

Below are the four features of a drug injury claim:

• It Can Be In The Form Of A Medical Malpractice Case   

One of the essential features of a drug injury claim is that it can be in the form of medical malpractice. When your doctor fails to uphold an appropriate standard of care by committing negligent mistakes involving prescription drugs, and you get injured as a result, then filing a medical malpractice case is in order. Some of these medication errors can include:  

• Prescribing the improper prescription drugs for a specific condition;  
• Administering an incorrect dosage of the medication to the patient;  
• Failure to identify any signs of addiction or overdose that can amplify the potential health risks;  
• Failure to recognize the dangerous reactions of a particular prescription drug.   

Hence, if you believe your doctor’s negligence causes your drug injury, you can pursue compensation against the at-fault party through a medical malpractice claim. However, dealing with a malpractice case can be complicated. As such, it’s best to work with a lawyer who can help you establish the erring doctor’s liability. To know more about how a legal professional can help your case, you can check out this website and other online legal resources for more information.   

• It Can Also Be In The Form Of A Product Liability Case   

Aside from medical malpractice, you can also institute a drug injury claim on the ground of product liability. But, in doing so, it’s essential to note that it should be based on the following categories:  

• Manufacturing Defects: If the drug that injured you was improperly manufactured or has become contaminated during the production process, you can have a valid drug injury claim.   
• Dangerous Side Effects: If the prescriptive drug that harmed you had harmful side effects even if they were appropriately manufactured, bringing a drug injury claim under this category would also make a lot of sense.   
• Failure To Warn: If a defective drug injured you because of the lack of warnings, instructions, and recommendations of the proper use of the drug, you could also file a case in court on this ground.   

But, it’s also crucial to remember that product liability claims involving drug injuries are challenging to prove. Thus, you will need the assistance of an experienced injury lawyer to enhance your odds of having a winning case. They can guide you through the process and ensure you obtain a favorable outcome.   

• It May Involve Multiple Defendants   

Unlike other personal injury cases, a drug injury claim may involve several defendants. It means you can hold more than one at-fault party liable for the injury you’ve sustained due to a prescription drug. The following are the parties whom you can name as defendants in your claim:  

• Doctors: When they prescribe the wrong prescription drug or fail to warn you about its dangerous side effects, they may be held accountable for your injury.   
• Pharmacies: Their liability may be established when they committed an error while bottling the drug or when a pharmacist negligently offered counseling regarding the use of the drug in question.   
• Manufacturers: When they manufactured a drug that had manufacturing defects, dangerous side effects, and marketing defects, you may include them as a defendant in your drug injury claim.   
• Pharmaceutical Sales Representatives: If they recommended the drug that caused you harm, they might also be accountable for your losses.   

• It Allows You To Recover Economic And Non-Economic Damages 

The purpose of a drug injury claim is to sue the at-fault party or parties and recover compensation for your damages with the assistance of a lawyer. Since the injury you suffered has affected your life, filing a claim lets you get compensated for certain economic and non-economic damages. These can include:  

• Medical Costs: These involve all the expenses you spent for treating your drug injury, including medical care, doctor’s appointments, and surgeries.  
• Lost wages: When you’re injured, you may have to stop working to grant yourself time to heal. In such a case, you’ll incur lost wages for a certain period which forms part of your economic damages.  
• Disfigurement: If your drug injury resulted in disfigurement or scarring, the expenses incurred because of this situation could be included in the damages that require compensation. 
• Pain and suffering: If the injury caused emotional or psychological turmoil, you could also get compensated for this type of damage.  

Bottom Line  

Dealing with a drug injury claim can be depressing if you don’t know what to do in the first place. But, by keeping the information mentioned above in mind, you’ll get an idea of how you can handle your case to your advantage. With a lawyer by your side, you can increase your chances of success by ensuring you recover the compensation your injury requires.