Dallas Dangerous Drugs Lawyer
People generally take medication to cure an illness or to control the symptoms of a chronic condition. Sometimes, the drugs themselves injure the patient. Although the United States has a rigorous process for approving the drugs available to the American consumer, unsafe drugs reach the marketplace every year, and many people suffer harm as a result.
If a member of your household developed an injury or illness because of a dangerous drug, you could bring a claim for money damages against the manufacturer and against the medical professional who prescribed or dispensed it. A personal injury lawyer could explain who might be liable for damages in a particular case.
The Dangers of Medication
Medicines can cause a range of side effects and injuries in the people who take them. Many are short-lived and relatively minor, but some are severe and long-lasting, if not permanent. Some common side effects that might give rise to a personal injury claim include:
- Heart attack
- Psychiatric illness
- Neurological damage
- Organ failure
- Birth defects
Drug labels must warn of known side effects and counsel patients about side effects that warrant consultation with a medical professional. Doctors and pharmacists also have a duty to warn about a medication’s known side effects. However, Texas Civil Practice and Remedies Code §82.007 states that manufacturers and health care providers will not be liable if the warnings they provided are consistent with the label warnings approved by the United States Food and Drug Administration.
Seek Professional Advice as Soon as Injury is Apparent
In Texas, patients who suffer an injury because of exposure to a harmful drug must file a claim against the manufacturer within two years of the injury. If the drug’s effects were not immediately apparent, the patient has two years from the date they became aware that the drug caused them an injury.
However, if there is an extensive delay before the harmful action of a drug becomes apparent, an injured patient may be out of luck. A manufacturer will not be liable for a harmful product if more than 15 years have passed since it left the manufacturer’s control.
An injured patient benefits from consulting an attorney immediately, once they suspect that their injury or condition may be related to a medication they took. Building a case to prove that a drug harmed a patient is labor-intensive and takes a lot of time. The longer an advocate has to prepare, the stronger the case is likely to be.
Damages Compensate for Harms Drugs Cause
Damages are sums of money paid by a defendant to a plaintiff to compensate the plaintiff for the harm the defendant (or the defendant’s product) did. It is up to the plaintiff to offer proof of the costs they incurred as a result of their injury and to persuade a judge or jury of the extent of their intangible losses.
Damages usually will cover any medical expenses the plaintiff incurred in treating the injury or condition the dangerous drug caused. Lost time at work is compensable, and so are lost future earnings if the plaintiff will be unable to work in the same job in the future. Damages also could include money to compensate for unquantifiable injuries such as pain and suffering, loss of companionship, or loss of ability to enjoy life.
Schedule a Consultation with a Dallas Dangerous Drugs Attorney
People who have suffered injuries from medications they took to feel better often experience a sense of betrayal. They trusted their doctor, pharmacist, and the drug company, and they found out the hard way that their trust was misplaced.
A compassionate advocate can be a tremendous support to someone in this position. If you or a loved one has been harmed by a medication, seek help from a Dallas dangerous drugs lawyer. Call today to schedule a no-risk consultation.