Clark, Love & Hutson, PLLC

A medication killed my wife, can I file a wrongful death claim?

Many people in Houston take prescription medications for various ailments and chronic medical conditions. While all medications come with some side effects, these drugs are still relatively safe and the benefits outweigh the risks. Some, however, come with severe physical and mental effects that can cause serious injuries and even death. When a loved one dies due to use of a dangerous drug, it may be possible to file a wrongful death lawsuit if there is sufficient evidence.

Prescription drugs can be very potent and therefore must be thoroughly tested before becoming available on the market. They must meet industry standards in accordance with the U.S. Food and Drug Administration. Some drugs are unavoidably unsafe, meaning they carry serious risks and cannot be made safe but come with benefits nevertheless. Prescription drug manufacturers do have a duty to warn users of known side effects. Physicians and pharmacies must be made aware of these risks as well.

If a person is seriously injured or killed due to an unsafe medication, it may be possible to take legal action. However, establishing fault can be quite complex and require expert testimony. Therefore, it is important to seek the advice of a products liability lawyer who has experience dealing with dangerous drugs.

Medications are supposed to help people, not harm them. The loss of a loved one due to a prescription drug can be very difficult to get over. Compensation from a lawsuit won't bring back a deceased loved one, but it can help the family pay for medical bills, funeral expenses and other losses caused by the person's death. It can also bring closure to a very unfortunate and tragic situation.

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