Liability for Prescription Medication Side Effects

For many people, a drug prescribed by their doctor for a specific ailment or disease helps treat that particular symptom and their quality of life is improved. Or at least the issue they complained to their doctor about has been addressed. But at what cost? We have all seen the drug commercials touting the benefits of a certain prescription drug, and we all notice the larger portion of the ad covers a warning concerning the possible side effects of using said drug. Sometimes the side effects can be more serious than the original disease. If this is the case with your drug experience and you want to discuss if you have any recourse with the doctor, pharmacist or drug manufacturer, contact the team of experienced personal injury attorneys at Needle & Ellenberg to discuss the particulars of your situation.

There are three legal duties that a physician must adhere to when prescribing medications:

  • The doctors must consider the benefits as well as the risks in relation to the current overall health of the patient
  • Determine the possible negative interactions of any other medications the patient is currently taking
  • The doctor must discuss any known side effects of the medication to be prescribed

When the prescription is filled at the pharmacy, the pharmacist must read and fill the doctor’s prescription with the correct medication, and instructions for the prescribed dosage.

If the medications prescribed by the doctor is administered as an injection while at the doctor’s office or in a hospital, the health care providers and nurses are responsible for administering the correct medication with the prescribed dosage using the protocol that is medically accepted.

Medical Malpractice and Prescription Drugs

If you are able to prove that the doctor, pharmacist or nurse failed to follow the protocols discussed above, you may have cause to file a medical malpractice lawsuit. You will have to be able to prove the following:

  • That you followed the instructions implicitly about taking the medication
  • Your doctor did not take the proper steps to warn you about the possible side effects or complications you are experiencing as a result of the medication
  • If you are claiming the dose was incorrect, you must prove that what the pharmacist gave you was different than what the physician prescribed – either the type of medication or the dosage
  • If you received the medication in a health care center by a nurse, you have to prove that the medication in question was not the correct medication or it was administered in an inappropriate way – in which case you may be filing a lawsuit against the hospital for malpractice
  • You need to find an expert to testify that there is a link between the harm you have suffered and the medication
  • You have to prove that the damages you have suffered are legally compensable

If you believe you have a case concerning the side effects of medications you have been prescribed, contact Needle & Ellenberg. Our experienced attorneys can work with you to recover damages for your suffering and pain, lost earning, medical expenses and the loss of ability to participate in normal life activities.

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