Can I Sue For Drug Side Effects?
Posted On behalf of Pfeifer Morgan & Stesiak on May 29, 2012 in Advice
Almost all medications have some form of adverse side effects, and usually your physician will carefully go over them and discuss them with you before prescribing a given drug.
But what if something unexpected comes up, and the medication does more harm than good? What if someone is seriously harmed or even killed by a drug that was prescribed to them by a licensed physician?
There are a number of questions which need to be answered before you can proceed with a suit, and you can bet your lawyer will go over them with you when you meet to discuss pursuing a case.
First, the question of whether or not someone is legitimately and provably at fault must be answered. If the patient was presented with all the legitimate alternatives to the harmful treatment, and was made fully aware of the risks, there may not be a case there.
However, it’s also possible that the physicians were themselves unaware of the risks of the treatment, due to a failure on the part of the drug company to disclose or properly determine the side effects of the drug. In order to properly answer this question, you’re going to need a second opinion, from someone other than the physician who prescribed the drug in the first place. While weighing the options for treatment, you and your loved ones probably did some research into the condition and possible treatments. If something has gone wrong with that treatment, it’s time to start researching again.
Find out if the side effect that was suffered is a common one, or at least if it has occurred in other cases. There may even be a class action lawsuit against the drug company, which it could be to your benefit to join. (Though it may not be; discuss the possibility with your lawyer.)
Whether it’s a personal injury, medical malpractice, or product injury lawsuit, your lawyer will know how best to proceed once the above questions have been answered.