Can I Bring A Product Liability Claim For A Prescribed Medication?
A medication error can occur by a prescribing physician or pharmacist. They might give the patient a wrong medication or direction on how to use the medication. Medication errors injure thousands of people every year which can be grounds for a medical malpractice. Although medication errors can occur by medical professionals, it can also be caused by a product defect.
In this case, a victim would bring a product liability claim against either the manufacturer or designer of the drug. If a person suffers an injury because of the way the drug was created, they would have the bring the claim against the company, not the doctor. The doctor could not have known that the medication was faulty. The only way a patient can bring a medical malpractice claim against the doctor following a product liability is if the doctor does not treat the patient accordingly upon learning that the medication was causing the patient adverse side effects.
Medication errors can occur for a number of reasons including medical negligence, but how does a victim proceed after learning that the medication was defective? The Law Firm in Tampa can help the victim establish a product liability claim as well as a medical malpractice claim against the responsible parties. The lawyer and victim will have to establish the following in order to bring a product liability claim:
- The patient drank/took the medication as it was intended
- The patient was given the correct medication
- The manufacturing of the medication was improperly done
- The design of the medication was defective
- The side effects and risks associated with the medication were not displayed
Side Effects of a Defective Medication
Below will be listed some side effects that a person can experience from a faulty medication:
- Not being able to sleep(insomnia)
- Changes in bowel movements (diarrhea or constipation)
- Depressive thoughts like suicide
- Heart palpitations
- Bleeding internally
A victim who is unsure whether their injury was caused because of a product defect or a medical negligence can pursue both claims at the same time but has to prove that both parties were liable for their injury that resulted in damages. The victim has to show how the medication was faulty and how the medical professional contributed to their injury by perhaps prescribing them the wrong dosage.
Helping Victims in Tampa With Defective Medication and Medical Malpractice
Anyone who takes medication does so to better their well-being. When a medication error surfaces that further injures the patient, they can seek legal action against the manufacturer, designer, physician, nurse, or pharmacists that committed to mistakes which led to their injury. The team of medical malpractice lawyers can aid the victim during this process in Percy Martinez’s Tampa location. No person should get away with injuring another regardless of it being unintentional.