If you’ve been harmed after taking a medication, then you may be quick to point the finger at your doctor and make allegations that he or she gave you the wrong drug or the wrong dosage. While that may be the case, it may be just as likely that the medication itself is defective. When this is the case, any legal action that you take is most properly aimed at the drug manufacturer.
So, how do you know if your harm was caused by a defective drug rather than medical negligence?
Look at recalls
Your first step should be to check whether the medication has been subjected to a recall. You can do this by going to the FDA’s website. If the medication has been recalled, then you may want to consult with a doctor to see if they can perform specific tests to rule out any other medical conditions that may have contributed to your harm.
Ensure that you’ve taken the medication correctly
When you obtained your medication, you probably received extensive documentation that spoke to the medication’s efficacy, its side effects, and how to properly take it. Before considering legal action, ensure that you, or your doctor, have followed the directions so that the drug maker can’t just push the blame back on you. Looking at your medical records may be helpful here in determining whether your medical provider followed guidance provided by the drug manufacturer.
Talk to experts
If you’re truly considering legal action against a drug maker, then you need to be prepared for the defense to have a slew of studies and expert opinions supporting the safety of the drug in question and thrusting the blame back on your medical professional. That’s why it’s important on the front end to have experts on your side who can attest to your condition and how the medication in question caused your harm.
Confidently navigate your defective drug case
While the three steps mentioned above are important for your case, they are, of course, a simplification of the intricacies of defective drug litigation. The truth of the matter is that these cases are hard fought with high stakes and challenging legal issues. That doesn’t scare us, though, and it shouldn’t scare you. Instead, it should be motivating, driving you to gather the evidence that you need to find accountability. That’s what we do, and that’s why time-and-again we’re able to help our clients successfully navigate the challenges of their claims.
