Johns Hopkins Medicine
Prescription medications are a life-saving tool in the modern world. They cure diseases, fight infections, and give us more time with our loved ones.
Tragically, medications are sometimes prescribed in error. When this happens and someone suffers injury, liability is on the medical professional.
If you or someone you love has been injured by a pharmaceutical drug, you may have a defective products claim. Pharmaceutical-drug-based product liability claims are similar to other defective product claims.
Pharmaceutical-related injury claims have some differences.
Product liability is based on injury to a consumer by a defective or dangerous product. Products can include items that are ingested, such as food items or prescription drugs.
In general, product liability means that the manufacturer of a drug is liable for defects. This is the case regardless of negligence.
Prescription and over-the-counter drugs and medical devices typically lead to one of three categories of prescription drug claims:
Defective drugs and medical devices are still available for consumer purchase and use. Pharmaceutical companies are in the business of profits. They invest in medical research and development with the expectation of a financial return.
Unfortunately, when pharmaceutical products harm their users, it’s the consumer who ends up bearing the costs of injuries.
If you’ve suffered damages from a medication or medical device in South Carolina, it’s your right to file a product liability claim. Product liability refers to the responsibility that manufacturers, distributors, and/or retailers of medications owe their consumers. This includes the responsibility to reasonably anticipate potential risks associated with their products, to eliminate or provide adequate warnings for those foreseeable risks, and to deliver products that are free from defect.
Ultimately, this process isn’t foolproof. It’s impossible to anticipate every potential danger that might be associated with a medication or medical device. In fact, most product liability claims are related to medication and medical devices.
Every product liability case involving pharmaceuticals is unique. As a result, it’s important that you thoroughly identify all potential defendants in your claim. This includes identifying the supply chain from the manufacturer to the pharmacy.
The supply chain consists of a number of entites.
Medical drug and equipment claims are complicated legal processes.They require thorough review of the legal ramifications of your individual case. Because of this, it’s never wise to attempt the process on your own.
If you or someone you know has been injured by a prescription drug, you may be entitled to compensation. Determining your legal rights can be complicated. It may be unclear who to bring a claim against and what sort of damages you’re entitled to.
That’s why it’s critical to consult with an experienced attorney. At The Hartman Law Firm, LLC, we have experience working in the prescription drug area. Frank can put his skill and experience to work for you to help you get the compensation you deserve. Call us today for a free, no-obligation consultation at 843-300-7600 or use our online form.
Frank offers a Free Case Evaluation and Consultation. He will visit with you at your convenience at your home or hospital bed to evaluate your matter. This is done on a case by case basis.