The answer largely depends on the facts of your case. You could likely file a lawsuit against the manufacturer of a drug if the drug was defective in its design, construction, or warnings. You may also have a case against the medical professional that prescribed the drug if he or she was negligent in prescribing it. A successful suit could lead to compensation for such things as medical bills, lost wages, and pain and suffering.
Cases Against Drug Manufacturers
If you were injured from taking a prescription drug, there is a possibility that you have the basis for a personal injury lawsuit against the drug’s manufacturer. Washington law holds drug manufacturers of defective or unreasonably unsafe products strictly liable for the harm that those products can cause. In other words, drug manufacturers are liable for damages whenever one of their drugs is defective in design, construction, or warnings.
But there is one twist. Washington law, as well as the laws in most jurisdictions, characterize prescription drugs as a class of consumer products that are unavoidably safe. For example, many prescription drugs have adverse side effects that cause injuries. The result is that a manufacturer will usually not bear liability if:
- you take a prescription drug and it causes an adverse effect that results in injury, and
- your physician passed along the manufacturer’s warnings that the drug can have bad side effects.
But you can still file a lawsuit if you experienced a side effect where there was no warning of one.
Cases Against Medical Professionals
If you were injured from a prescription drug, you might be able to establish a lawsuit against the doctor that wrote your prescription. This is true provided that the doctor:
- failed to adequately warn you of the drug,
- prescribed you the wrong drug, or
- wrote a prescription for the incorrect dosage of the drug.
In these instances, the law treats the medical professional as negligent and you could have the basis for a medical malpractice claim.
Common Dangerous Drugs and Drug Injuries
The following are prescription drugs that have a reputation for injuring patients:
- Prescription opioids,
- Blood thinners, and
Some common injuries that you can experience from prescription drugs include:
- Organ damage and failure,
- Severe mood changes, and
- Muscle damage.
Compensation in Prescription Drug Cases
You can receive compensation for your injuries if you’re successful in bringing a prescription drug case. You can receive payment for such things as:
- Medical expenses,
- Lost wages,
- Future lost earning capacity,
- Property damage,
- Out of pocket expenses, and
- Pain and suffering.
Contact Otorowski Morrow & Golden, PLLC
Please know that our firm is here to help if you suffered an injury because of a medical professional’s malpractice. Otorowski Morrow & Golden, PLLC provides free consultations to all our potential clients. The attorneys at our law firm also have over 120 years of combined experience representing injured parties in medical malpractice cases. They never back down to insurers and fight for their clients’ interests every step of the way. Do yourself a favor and contact them now for the quality legal representation you deserve.