Drug Side Effects Frequently Asked Questions
As consumers, we should be able to rely on our medical providers and drug manufacturers when we take medication. Unfortunately, mistakes occur in prescribing and filling prescriptions. Some drugs are defective due to a design problem or a manufacturing error. Below are brief answers to some of the most common questions about defective drug litigation. We encourage you to contact our office to discuss your case in further detail.
- Is my doctor liable for telling me if there are other options for treatment than the prescription medicine the doctor is recommending?
Your physician has a duty to inform you of all treatment options, including the risks and benefits of each option, so that you can make an informed decision with regard to your healthcare options.
- Is there a way to check to see if a medication my doctor has prescribed has been recalled or associated with dangerous side effects?
Your first step is always to ask your physician questions about the medications he or she is prescribing including questions about potential side effects. You should also ask your pharmacist about potential side effects, instructions, and interactions with your other medications. Using the same pharmacy to fill all prescriptions will help your pharmacist track any potential drug interactions. You can also check the FDA drug recall list and FDA’s MedWatch website for a list of recalled and/or dangerous drugs.
- What if the medication was safe but the amount prescribed harmed me?
Your physician is responsible for prescribing the correct dosage of medication regardless of whether the physician writes or prints out a paper prescription or sends the prescription directly to your pharmacy. The pharmacy is responsible for filling the prescription exactly as the prescription reads including placing the correct dosage instructions on the label. Therefore, the liable party depends on where the error occurred. It could be one party or more than one party depending on the facts in your case.
- Who is liable for my injuries from taking a defective drug?
Again, the party liable for your injuries will depend on the facts of your case. Some drugs are dangerous or defective because of their design and development. The lab that created the drug may be held responsible. The manufacturer could be at fault if it did not follow the specifications of the lab for manufacturing the drug or used manufacturing procedures that caused the drug to be dangerous.
As discussed above, doctors, physician assistants, and nurse practitioners who are authorized to prescribe medication may be held liable for mistakes in prescribing. In some cases, the medical provider may prescribe the correct dosage but the drug prescribed may not be approved for treatment of your condition. This is called “off-labeling.” If a pharmacist makes an error in filling the prescription or fails to provide you with potential dangers associated with the drug, the pharmacist may be liable for your injures.
A defective drug attorney will conduct a thorough and comprehensive investigation to determine who is liable for your injuries.
- How much will you charge me to represent me in a defective drug lawsuit?
Our product liability attorneys accept cases on a contingency basis. You do not pay our fees until we obtain a settlement for you. Our fees and costs are deducted from the amount you receive from the at-fault party. We believe every person should have access to competent, experienced legal representation — taking cases on a contingency basis allows you to seek justice regardless of your financial situation.
Have You Been Injured by a Defective Drug?
If you suspect that you or a family member has been injured by a defective drug, or it’s side effects and interactions with other drugs, it is imperative that you take immediate action. The defective drug attorneys of the Olinde Firm can help. Contact our office for a free case evaluation. You are under no obligation when you meet with one of our experienced drug side effect lawyers.