Orlando Florida Defective Medication Attorney
Some patients may take certain medications with little to no side effects. However, other drugs may cause dangerous and even life-threatening side effects and contraindications. Furthermore, an injured party may have grounds for a case when these side effects are not made known by the manufacturer.
Additionally, if injuries are the result of defects that occurred during manufacturing, they may also have a case. You may not even be aware that a drug you are currently taken has been recalled for dangerous side effects. An Orlando Defective Medication 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 Defective Medication Claim
Depending on the type of losses sustained, an Orlando attorney could claim several forms of compensation. Also, the injured party 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
- Loss 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. The court can give additional Compensation to the injured party in the form of punitive damages. Punitive damages punish the defendant for gross negligence.
Defective Medication Legal Liability
An attorney could file a dangerous drug claim based on one of several theories of liability. The negligence doctrine is the first theory of liability. Under this doctrine, the defendant may be liable if they owed the plaintiff a duty of care. The at-fault party can be liable if they breached that duty, injuring the plaintiff, and caused them to sustain damages. If the label lacked sufficient patient warnings, the plaintiff could also file a claim. This claim would be based on the fact 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 for a Defective Medication claim. Trying to get a drug on the market quickly and family to conduct studies or cutting corners can result in liability. Likewise, if the plaintiff’s physician failed to adequately warn them of the possible side effects, the doctor could be liable.
Dangerous Drugs and Potential Side Effects
Recently, in defective drug cases, a wide range of medications have been added. For example, these include 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
Please speak with an Orlando defective drug lawyer if a defective drug has injured you or someone you know. An attorney will identify whether an error during the manufacturing process or improper warning labels was the cause. Additionally, they might find medical negligence, or other factors that caused your injury and seek compensation from those responsible.
Schedule your case consultation today.