When a patient is the victim of medical malpractice that involves the prescription of drugs, malpractice is not necessarily the only legal basis by which you can fight for damages. A defective products claim may also result from your injury.
If your injury involved the administration of prescription drugs, the cause of your injuries may indeed be traced back to an error in the manufacture or marketing of the drug in question.
The fight for damages in a defective products case differs considerably from that of a medical malpractice claim. In a medical malpractice case, you must prove that the patient has been harmed by treatment that falls below the "medical standard of care." In a defective products case, it is imperative that you prove three factors:
- (1) there is a defect in the manufacture of the product or the product was improperly marketed;
- (2) the patient was injured as a result of that defect or improper marketing.
That said, there are a wealth of risks that go along with the administration of prescription drugs. Patients are typically advised of any possible side effects by their physicians.
If, in fact, the patient has been advised of possible side effects, accepts those risks, and agrees with their prescribing physician that the the possible benefits to their condition merits the risks involved, it is not likely that any resulting injury from said side effects will result in defective products damages.
It is important to note that while the manufacturers of prescription drugs are responsible for marketing their products responsibly (providing adequate warnings of risks and side effects inherent in their products), doctors don't relinquish their responsibility to advise the patient as to the risks as alluded to above. When the manufacturer does provide adequate warning, and the resulting physician/patient counseling does not take place, medical malpractice comes into play. It then becomes necessary to prove that the patient was indeed injured by the drug in question and that another physician of equal education and training would have provided the warning warranted by the manufacturer's documentation.
If you have questions about a medical malpractice case that involved the administration of a prescription drug, contact the personal injury attorneys of Panio Law Offices in Chicago. We have a wealth of experience trying medical malpractice and defective products cases.
We can help determine exactly what damages you are entitled to and will fight to ensure you are awarded the highest damages to which you are entitled. Call us at (312) 313-0305. We can help.