A significant number of adults in the United States rely on prescription medications to manage their health. When a doctor prescribes a drug and a pharmacy dispenses it, it’s reasonable to expect that the medication is safe, provided you follow the dosage instructions. However, some prescription drugs can cause severe and unexpected side effects. If this happens, you may question whether you have legal options. Read on to learn more about these issues and how a skilled Prince George’s County Personal Injury Attorney can assist you in seeking the justice you deserve.
How to Distinguish Between Regular and Dangerous Side Effects?
First and foremost, it is crucial to understand that both prescription and over-the-counter (OTC) drugs can cause “unwanted or unexpected events or reactions,” also known as side effects, according to the Food & Drug Administration (FDA). These reactions can range from minor to potentially fatal. Common side effects that are usually mild and manageable include:
- Drowsiness
- Dizziness
- Slowed reflexes
- Impaired vision
- Nausea
- Headache
- Constipation
- Loss of appetite
- Dry mouth
- Insomia
When a medication causes bad reactions, you should take action right away. A side effect is considered dangerous if it causes serious harm, like needing to be hospitalized, causing a permanent disability, or leading to death. Examples of dangerous side effects are:
- Severe allergies
- Organ damage
- Birth defects
- Causing cancer
- Thoughts of suicide
- Major bleeding
- Becoming dependent on the drug or developing an addiction
If you think a medicine prescribed to you is causing harm, call your doctor imemdiately. They can help you figure out what to do next to protect your health.
Who Can Be Held Liable?
When it comes to a defective drug, various parties can be responsible, including drug manufacturers, testing labs, the FDA, doctors, and pharmacies. The specific defendant depends on the case details and what went wrong. Lawsuits generally rely on three claims:
- Defective Design: The drug is inherently dangerous, even when used as prescribed.
- Manufacturing Flaw: The drug was contaminated or incorrectly made during production.
- Failure to Warn: The company did not provide clear, strong warnings about the drug’s potential dangers or side effects.
Even with FDA approval, a successful suit is possible.
What Steps Should I Take If I Believe a Prescription Drug is Defective?
If you suspect a prescription medication is defective and causing dangerous side effects, it is crucial to act right away to safeguard your health and legal rights. You should take the following steps:
- Seek immediate medical attention to address your symptoms
- Do not stop taking the medication without professional advice
- Report the adverse side effects to the FDA
- Notify the prescribing physician and pharmacy
- Gather and preserve all evidence
- Consult with a qualified personal injury attorney
If you believe you have suffered significant harm due to a defective drug in Maryland, it is in your best interest to contact an attorney at McCarthy, Winkelman, & Mester, L.L.P. Our legal team is prepared to help you understand your legal options, collect evidence, and ensure your rights are protected.
