Akron Drugs and Medical Device Injury Lawyers

Who May Be Liable for Dangerous Drug Interaction or Medical Device Injuries

There’s a fine and sometimes overlapping line between doctors, pharmacists and drug manufacturers when patients are injured by dangerous medications. A lot of things can potentially go wrong when a patient is prescribed a medication. The doctor could prescribe a drug that has dangerous interactions with a drug the patient is already taking. A pharmacists can dispense the wrong drug or fail to provide adequate warning about using the medication with another commonly used over-the-counter medication. Or both the pharmacist and doctor might be faultless and it’s the batch of medication that’s contaminated or dangerous.

It's important to speak with a personal injury lawyer experienced in dangerous drug cases after you’ve been injured by a dangerous drug or medical device. Determining who was at fault and building a case to clearly demonstrate how the mistake led to your injuries and damages is vital.

• Pharmaceutical Companies: These companies have a duty to conduct comprehensive testing and research to ensure their drugs are safe for use. If they release drugs with undisclosed side effects or fail to warn about potential interactions, they can be held liable.

• Medical Device Manufacturers: Like pharmaceutical companies, these manufacturers must ensure their devices function safely and as intended. If they release a defective product, they may be responsible for any resulting injuries.

• Doctors and Prescribers: Medical professionals have a responsibility to prescribe drugs and medical devices that are suitable for their patients. They must be aware of potential drug interactions and the specifics of medical devices they recommend.

• Pharmacies: While they distribute medications prescribed by doctors, pharmacies must ensure they provide the correct medication and dosage. Mistakes or negligence at this stage can lead to serious complications.

Why These Claims Are Often DifFicult

• Complex Medical Jargon: The technical nature of these claims means that understanding the specifics can be challenging for those without a medical background.

• Proving Liability: Demonstrating that a drug or device directly caused an injury is often complicated, requiring expert witnesses and detailed medical records.

• Powerful Opposition: Pharmaceutical companies and medical device manufacturers have extensive resources at their disposal and are often prepared to vigorously defend against claims.

• Regulatory Oversight: Some drugs and devices get approval from bodies like the FDA, which can add complexity to claims, especially if a plaintiff argues the oversight body's standards were insufficient.

What to Do if You Suspect You or a Loved One Suffered a Drug or Medical Device Injury

The very first thing you should do if you suspect you’ve been made ill or suffered complications due to a medication is seek medical attention. Your health needs to take priority in these situations. A doctor’s prognosis and diagnostic test results will also be vital in establishing your injury, its source and the resulting injuries and damages you suffered.

Be sure to record all details related to the drug or device in question, including usage dates, dosages and any side effects or malfunctions observed. The more details your claim has, the better you and your legal team will be able to draw a clear line between the drug or medical device, your injuries and the resulting effects it had on your health and life.

Keeping the medication packaging, devices or any related documents will also help in making your case and establishing you were prescribed and used the medication on the dates you claim.

Once you’ve taken steps to safeguard your health and you’ve collected some initial evidence of the cause of your injury, you should think about contacting an Akron personal injury lawyer. A lawyer experienced in dangerous drug or medical device cases can analyze your unique situation and help you understand your options and chances of recovering compensation.

What to do If a Drug You Used or Medical Device You Have Is Recalled

If a drug or device you use is recalled, cease usage immediately and consult a healthcare professional about alternative treatments or devices. Be sure to follow all recall instructions, including scheduling surgical consultations if you have been implanted with a recalled joint replacement or other medical device.

More updates may arise in the future, so be sure to monitor news about your recall and consult with your primary care physician or other healthcare specialists.

While using a recalled device or medication does not guarantee you will be entitled to compensation, some patients may be eligible for some kind of monetary recovery. This is especially likely if you’ve suffered injuries or incurred additional medical expenses due to the recalled medical device or medication.

It might be in your best interest to consult with a personal injury attorney if you’ve been personally impacted by a defective medical device or recalled medication. They can explain your potential next steps and whether you may have a legitimate claim.