Understanding Pharmaceutical Negligence ClaimsMississippi Legal News
Countless people rely on over-the-counter and prescription medications to alleviate all manner of conditions, placing great faith in the healthcare provided to them. As such, very few people tend to associate medicine with further harm, but unfortunately, it’s not altogether uncommon for prescribed drugs to hurt people further. Most of the time, medical care works well, and people get the help they need. However, pharmaceutical companies aren’t immune to malpractice and negligence. If you’re hurt by any form of medicine, you should know more about pharmaceutical negligence claims to see if someone else might be liable for your expenses and suffering.
Who’s Actually Liable?
If you’re injured by a prescription drug, odds are, someone will be liable for your pain and loss. However, the actual question of “who” isn’t quite so clear. In general, you can expect one of three parties to be liable for pharmaceutical negligence:
- The pharmacy or its employees might be liable for providing the wrong drugs/dosages of drugs, contaminating drugs within the pharmacy, not giving warnings about hazardous drug combinations and side effects, or otherwise breaking the Pharmaceutical Code of Conduct. Note that this code of conduct (and general federal policy) dictates that pharmaceutical workers must be capable; this means that simple mistakes or inexperience are not valid excuses.
- The drug manufacturer might be liable for defective medications, unclear labeling that fails to warn customers of common side effects, and other manufacturing-level errors. However, Mississippi’s generic drug manufacturer liability is more complex; without going into too much detail, a name-brand company might be liable for a generic manufacturer’s faulty drugs or inaccurate labels, even if they didn’t make it themselves. Generic drug manufacturers account for most prescription medications; if it’s not name-brand, it’s a generic drug.
- The doctor might be liable for giving the wrong prescription, for particularly inept prescription of a drug that should not have reasonably been prescribed, or for prescribing a drug based on faulty, dubious data that they should have known more about. At times, this may also constitute a medical malpractice claim in Mississippi, especially if you were given medicine while hospitalized.
Filing a Mississippi Pharmaceutical Negligence Claim
So, you’ve been hurt by pharmaceutical negligence, and you know who’s likely to be liable. What now? By opening a claim with the liable party, you can try to pursue extensive compensation for both your medical bills and your intangible pain and suffering. According to Mississippi Code § 15-1-36, the statute of limitations for any pharmaceutical or medical malpractice/ negligence claim is two years from the date of injury, so you shouldn’t put things off for long. After that time has passed, you won’t be able to file a claim at all, period.
Make sure to talk to one of Germany Law Firm PLLC’s Jackson pharmaceutical products attorneys before time runs out. A legal professional can help you gather evidence, and is also non-negotiable when considering the fact that pharmacies, hospitals, and other medical professionals generally have the money and resources to field extremely strong legal representation. The goal of medical professionals is to save their reputation, not their money, so they’ll do whatever they can to avoid being found guilty of negligence or malpractice. If you’ve been hurt by pharmaceutical negligence in Mississippi, give us a call at (601) 401-6884 to schedule a free consultation today, and take the first step towards securing justice and fair compensation.