- 1 Are you in need of a Pharmaceutical Product Lawyer in Mississippi?
- 2 What Is Pharmaceutical Malpractice or Pharmaceutical Negligence?
- 3 Common Causes of Pharmaceutical Negligence
- 4 When Is the Manufacturer Held Accountable?
- 5 Who Else May Be Liable For Your Injuries
- 6 How Do I Obtain Compensation From a Large Corporation?
- 7 My Prescription Was Filled Incorrectly. Do I Have a Claim?
- 8 What Drugs Have Been Linked to Pharmaceutical Negligence?
- 9 Local Pharmaceutical Product Attorneys in Jackson, Mississippi
Are you in need of a Pharmaceutical Product Lawyer in Mississippi?
Over-the-counter and prescription medicines are capable of causing grave and immutable health problems to a trusting public when they are poorly created or formulated. Consumers need to be able to feel confident that the medicines they take will not subject them to further injuries or illnesses. Sadly, in the crusade to cut corners and grow profits, a lot of pharmaceutical companies have no problem putting dangerous drugs behind pharmacy counters.
Victims have the statutory right to compensation for injuries that are the direct result of taking unsafe medications. It is crucial to hold these drug manufacturers responsible for their carelessness so that more innocent victims are not hurt by unsafe drugs. The skilled attorneys at the Germany Law Firm, PLLC have years of experience with litigating pharmaceutical lawsuits. You can trust our experience and our skills when it comes to obtaining the financial compensation that Mississippi law entitles you.
What Is Pharmaceutical Malpractice or Pharmaceutical Negligence?
Pharmaceutical negligence or malpractice means that a drug manufacturer has caused death or injury to a customer by neglecting to operate within the appropriate standard of care. In other words, the drug manufacturer is considered careless when it fails to act honestly under the given conditions, and their dishonest behavior results in injury. This might be due to the fact that a drug was not produced or tested correctly. It might also be due to the fact that the manufacturer did not give appropriate and/or effective information to the physician who prescribed the drug, and, by extension, to the consumers who took those drugs.
Common Causes of Pharmaceutical Negligence
In the hurry to get their drugs to market, drug companies can decline to reveal some side effects or health hazards. Sometimes, sufficient time is not given to clinical trials to test the drugs and notate any possible side-effects. Other times scientists might overlook significant discoveries that become known only after the drugs are on the market and have caused harm to people who have taken them. Errors can also be made in the production of the drug itself, which can yield defective or tainted prescriptions.
When Is the Manufacturer Held Accountable?
To force statutory liability on a pharmaceutical company, an injury victim must show a legal reason for accountability. These include but are not limited to:
- Products Liability: When any commodity harms users because of flaws in its composition or production, the company is forced to offer financial compensation for those injuries. This could extend to customers who actually bought the product or any foreseeable person who might use the same commodity. Besides the drug company, retailers and distributors may also face accountability for allowing the defective product to reach the customer. This prevailing theory of liability also applies to pharmaceutical merchandise as well as any other unsafe consumer products.
- Dangerous Side Effects: Just about every single medicine comes with potential side effects. While drug companies are not required to get rid of all potential and possible side effects, they have to accurately identify their medicines and sufficiently inform customers about them. In some instances, these drug companies actually attempt to conceal the side effects. Drug companies might also be faced with the punishment of punitive damages, which are a kind of financial punishment that is inflicted in order to punish a company for, especially egregious behavior. This normally happens when a company has acted deliberately, caused injury to a large number of victims, or posted substantial profits as the outcome of its poor behavior.
- Improper Marketing: Advertising of pharmaceutical products does not apply only to a magazine, internet, or television commercials. Incorrect advertising may also encompass the branding, packaging, counseling, and warnings about medication. A sales representative, manufacturer, pharmacist, or doctor will be able to give counseling regarding any medications.
It is also essential to recognize each party that is legally liable for any injuries. The law forces responsibilities on any manufacturer that was liable for putting the defective good in the “stream of commerce,” which is the pathway that eventually led the goods into the shopping carts of the customer.
Who Else May Be Liable For Your Injuries
There may be others liable for your injuries. They might include the distributor, the manufacturer, or the physical retail sales store. In the event of unsafe drugs, this may also include but is not limited to:
- Testing Laboratories: Scientists and laboratories might face accountability for negligently conducting tests, giving inaccurate data, or presenting inadequate studies
- Pharmaceutical Sales Representatives: The sales company, the representative, and the producer can all face accountability for misleading or outright false reports and other misrepresentations perpetrated by its sales team
- Physicians: Physicians who used inaccurate data from a scientific laboratory or spread untrue claims from a sales representative can be held responsible due to the fact that doctors ultimately have an obligation to apply their own expert opinions in deciding the proper prescriptions for their patients. Physicians can also be held accountable for prescribing drugs with contraindications, known side effects, or medicines with dubious scientific data that the physician was aware of or should have been aware of
- Hospitals: A clinic, outpatient or assisted living facility, or hospital could all be held liable for injuries brought about by the use of defective drugs. By dispensing or prescribing these medications knowingly to a patient, a hospital can quickly cause harm to those patients. These facilities can also be held accountable for the carelessness of the medical staff that they employ. If a physician prescribes a defective drug during the scope of their employment with a hospital, that facility is legally bound to repay the victim for any injuries that arose from the use of that drug
- Pharmacies or Pharmacists: A pharmacist who gave counseling regarding an unsafe medicine could very well be held accountable for inducing drug-related injuries. Similar to hospitals, a pharmacy is responsible for its pharmacists who give careless counseling concerning medications within the window of their employment. Pharmacists can also be held individually responsible for committing malpractice if they neglect to inform their patients about hazardous side effects, neglect to educate themselves about the risks of certain prescriptions, or give untrue or misleading information concerning the dangers of certain prescriptions
How Do I Obtain Compensation From a Large Corporation?
Product liability lawsuits are generally quite complex and lawsuits concerning defective of unsafe drugs are even more complex. Many huge, international companies who might be guilty of causing your damages are definitely armed to the teeth when it comes to fighting against any sort of legal responsibility. Documenting your injury, deciding which corporation or corporations are liable, figuring out how to get in touch with them regarding your claim, demonstrating that they are responsible for your injury, and explaining the total sum of your financial damages are all daunting tasks. It is extremely challenging, and sometimes near impossible, for most defective drug victims to endure this job on their own, particularly with a huge, intimidating company as an opponent.
The good news is that victims have an option other than facing this long, complex process all by themselves. A qualified products liability attorney will know how to fully document and properly present your defective drug lawsuit. An attorney will also be able to help you decide whether or not a settlement offer that is being presented to you from a drug manufacturer is satisfactory or if you would be better off filing a claim and litigating your case to obtain sufficient financial compensation for your injuries. An attorney is able to adeptly manage these procedural matters and make vital decisions on your behalf so that you can concentrate on recuperating from your injury.
My Prescription Was Filled Incorrectly. Do I Have a Claim?
It is a possibility that you might have a pharmaceutical negligence case. Claims are able to be based on prescriptions that were improperly filled. In the majority of cases, either a drug is prescribed that creates a deadly reaction in conjunction with a drug that the patient is currently taking, a pharmacist dispenses an incorrect dosage, or you are given the wrong medication altogether. In circumstances such as these, doctors and/or pharmacists can be held accountable. If the victim dies because of defective medication, a wrongful death case is also able to be filed. If a drug was proven to be responsible for severe illnesses or side effects while it was being manufactured, then the drug manufacturer will be held responsible.
What Drugs Have Been Linked to Pharmaceutical Negligence?
While any drug can lead to pharmaceutical negligence if improperly handled by manufacturers, doctors, or pharmacists, the following list has been known to cause serious side effects:
- Phenylpropanolamine (PPA)
Local Pharmaceutical Product Attorneys in Jackson, Mississippi
If you or a loved one was harmed by a medication, due to either a manufacturing or prescription error, you deserve the representation of a compassionate and sensitive, yet assertive, wrongful death attorney.
The Germany Law Firm, PLLC in Jackson, Mississippi, has been assisting the families of those wrongfully harmed and killed for almost forty years. Our dedication to Mississippi’s families is clear in our aggressive approach to helping those who have lost loved ones receive the compensation they deserve. See our locations in Jackson and Southaven.
While nothing can bring back your lost family member, obtaining the full restitution you are due by law can provide you and your family with a sense of closure and help you move forward. Call us today to schedule a free consultation with one of our specialists to see how we can help you at 601-401-6884.