While some patients may take certain medications with little to no side effects, other drugs may cause dangerous and even life-threatening side effects and contraindications. When these side effects are not made known by the manufacturer or are the result of defects that occurred during manufacturing, the injured consumer may have grounds to file a claim for damages against all liable parties. An Orlando dangerous drugs lawyer could advise whether you might have a valid case for compensation.
An experienced personal injury attorney could use their vast resources to conduct a thorough investigation into your claim and whether a person or company is liable for your harm.
Filing for Compensation in a Dangerous Drugs Claim
Depending on the type of losses sustained by the dangerous drugs plaintiff, an Orlando attorney could claim several forms of compensation on their behalf. The plaintiff could recover compensation for their:
- Pain and suffering
- Lost wages
- Hospital bills
- Other medical expenses
- Future lost income due to diminished earning capacity
- Mental distress
- Emotional trauma
- Lost enjoyment of life
If the plaintiff sustained losses such as vision impairment, amputation, scarring, and/or disfigurement from taking a dangerous drug, they might also receive compensation for these non-economic damages. Additional payment may also be awarded in the form of punitive damages, designed to punish the defendant for appalling behavior or gross negligence.
Dangerous Drug Legal Liability
An attorney could file a dangerous drug claim based on one of several theories of liability. The first is known as the negligence doctrine. Under this doctrine, if the defendant owed the plaintiff a duty of care, breached that duty, injuring the plaintiff and causing them to sustain damages, they may be liable. If the label lacked sufficient patient warnings, the plaintiff could also file their case on the basis that the manufacturer failed to warn consumers of the potentially harmful outcomes of taking the drug.
Another legal doctrine that some dangerous drug cases are filed under is the strict liability theory. In a strict liability case, the manufacturer of the drug could be liable if a consumer was injured by their product, regardless of whether intentional or negligent misconduct was involved. A dangerous drug attorney in Orlando could discuss which claim of liability is most advisable, given the facts of the plaintiff’s case.
More than one party can be liable in a dangerous drug claim. For example, if the company where the drug was tested failed to conduct sufficient trials or cut corners to get the drug on the market sooner, the entity could be liable. Likewise, if the plaintiff’s physician failed to adequately warn them of the possible side effects they might experience from taking a particular drug, the doctor could be liable.
Dangerous Drugs and Potential Side Effects
While a wide range of medications have been included in recent dangerous drug claims, some of the most common offenders have included contraceptives, pain medications, weight loss drugs, and anti-anxiety medications. Side effects can range from organ failure, embolism, and heart issues to cancer, addiction, and certain disorders. In some cases, the side effects could be fatal.
Talk with an Orlando Dangerous Drugs Attorney
You may need to consider talking with an Orlando dangerous drugs lawyer if a dangerous drug has injured you or someone you know. An attorney could identify whether an error during the manufacturing process, improper warning labels, medical negligence, or other factors caused your injury and seek compensation from those responsible.
Schedule your case consultation today.