Many people rely on daily over-the-counter and prescription drugs to help treat chronic ailments or to cure a condition. Although many drugs are developed, tested, prescribed, and administered safely, this is not always the case.
Drugs have the potential to become dangerous to consumers when they are not adequately tested before being introduced to the market. Inadequate testing may result in flaws in the formulation, defects in the manufacturing process, or improper prescriptions by doctors—all of which may be grounds for a lawsuit that a compassionate personal injury attorney could help you file.
While most medications come with certain risks, a drug should not cause more harm than good. If you or a loved one suffered injury or death after taking a drug, a Boston dangerous drugs lawyer may be able to assist you with filing a claim and understanding the legal complexities of Massachusetts drug law. Contact a skilled personal injury attorney to learn more about your potential claim options for the consumption of hazardous narcotics.
Dangerous drug cases are a subset of products liability and personal injury law. These cases typically involve a defect in the design, manufacturing, prescription, or marketing of a drug.
Drugs that are available on the market should be reasonably safe for their intended use. The public should also be made aware of any potential side effects associated with the use of a particular drug. If these components are not present, the pharmaceutical company, the drug manufacturer, the doctor, or other parties could be held liable for any injuries resulting from taking the drug.
The faster a drug becomes available on the market, the more money pharmaceutical companies stand to make. The pharmaceutical industry is extremely influential and has the resources to further their business goals. As such, pressures to quickly introduce a drug to consumers may result in a lack of research or testing of the drug.
If there is not enough drug testing, problems often do not emerge until the public uses the drug. In many cases, users of a dangerous drug could have avoided injury if the drug went through a more vigorous testing process and analysis.
Additional issues may arise in the form of dangerous side effects or adverse effects of a drug that only occur after long-term usage and, as a result, cannot be identified during short-term testing. Once the harmful consequences of the drug emerge, the drug may be recalled, but only after many people have suffered serious injuries or fatalities.
Although the U.S. Food and Drug Administration mandates that new drugs are tested prior to becoming available to the public, their oversight and involvement is limited. The drug manufacturers are primarily responsible for the testing and marketing of new drugs, which means they bear most or all of the liability for a dangerous drug if it causes harm to a patient. A Boston dangerous drugs attorney could provide further clarification on how a harmful drug may have reached the market and what injured patients can do to recover financially for their damages.
Physicians who prescribe dangerous drugs may also face liability for medical malpractice under certain circumstances. Drugs that may not pose a danger when taken alone may produce dangerous or life-threatening interactions when taken with other medications. The failure of a prescriber to review and evaluate a patient’s complete medical history may result in the oversight of a dangerous drug interaction.
Prescribers may also create a dangerous situation when medicines are prescribed unnecessarily as the result of negligence or a misdiagnosis. Overprescribing addictive substances such as narcotics is a frequent cause of a dangerous drug cases.
Prescribing a drug to treat conditions other than those the drug is approved for may also cause dangerous results, as may errors in the prescribed dosage. If any of these aforementioned situations result in harm to a patient, a Boston dangerous drugs lawyer could help that patient file suit against the healthcare provider whose negligence caused them to suffer unnecessarily.
It is important to hold people—as well as corporate entities—accountable for the harm they inflict on others. The laws governing dangerous drugs are extensive because of how dangerous the situations that may arise when a physician or manufacturer acts negligently can be.
A Boston dangerous drugs lawyer who understands these laws could make initiating your claim much less overwhelming and, if retained, help you fight for your health by holding the responsible parties accountable. Reach out today to discuss your case and start seeking recovery for your injuries.