Drugs and Medical Devices Information Center
What Can You Do?
Manufacturers, physicians and pharmacists may be held liable for certain drug and medical device defects, but ultimately you are responsible for your own health. Keep yourself aware and knowledgeable of your medical treatment. You are accountable for taking your prescription correctly, taking the right dosage and not abusing your medications. If you believe you have been injured by a defective or dangerous drug or medical product, contact a knowledgeable pharmaceutical and medical device liability attorney at James F. Humphreys & Associates, L.C. in Charleston, West Virginia, to learn more about your legal options.
Here are some tips to help you stay informed with your own care:
- Communicate with your doctor and pharmacist; ask questions about your condition / treatment / risks.
- Bring a list of all your medications to all doctors and tell them of all your past medical conditions.
- Have all your prescriptions at the same pharmacy.
- Always have doctor supervision during treatment and before ending treatment or when you stop using a drug.
- Know what your prescribed drug is approved to treat (what the drug should be treating) and when the drug should not be used.
- Never take another persons prescription.
- Know possible side effects, warnings associated with a drug or device and any drug interactions. Ask your doctor or pharmacist for this information.
- If you do not see instructions on the prescription label, ask your doctor or pharmacist to explain them to you.
- If you are using a medical device, ask your doctor to explain any risks associated with the device.
- Pay attention to any drug or device recall. These will often be in your local news or by checking MedWatch or the FDA Web site.
- Monitor how you are feeling and ask your doctor or pharmacist any questions you may have as they arise.
Even you follow the steps to make sure you are responsible and knowledgeable for your health and well being, a defective or dangerous product may injure you. When this happens, you must speak to an attorney to discover your legal options and who may be held liable for your injury. Claims for medical product defects may be made under product liability, strict liability or negligence depending on the facts of your case.
Product Liability/ Strict Liability / Negligence
Under a products liability claim, the manufacturer of defective prescription drugs or medical devices may be liable for injuries caused to an individual by the defect. A manufacturing defect is a product that is not reasonably safe due to defective design, inadequate warnings or whose risks of harm outweigh its intended benefits. Be aware, different states have their own products liability laws that may apply to your claim, contact an attorney to discuss your case and which laws may be applicable for your situation. Similarly, under strict liability, the party who placed the defective product in the stream of commerce may be found liable. It must be shown that the medical product or drug was defective or unreasonably dangerous and caused the plaintiff’s injury. Lastly, your injury caused by the defective or dangerous medical product may be the result of negligence. Under the theory of negligence, the law focuses on the probability of harm. Did the manufacturer exercise reasonable care when designing and developing their product? You must be able to show that the manufacturer’s negligence caused the defectiveness, which was the cause of your injury.
Conclusion
If you believe you have been injured by a defective or dangerous drug or medical product, contact a knowledgeable pharmaceutical and medical device liability attorney at James F. Humphreys & Associates, L.C. in Charleston, West Virginia, to learn more about your legal options.
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