Baltimore Bad Drug Lawyers
A bad drug can be any medication that is provided over-the-counter or prescribed that causes a person injuries, complications or can also result in death. The Baltimore Bad Drug Lawyers at Spector Injury & Accident Lawyers are the right option for combating a bad drug case. Contact us today for a free consultation.
Drug manufacturers have a legal responsibility to make drugs safe for the marketplace. If dangerous side effects of a drug are known, they have a duty to warn consumers. The manufacturers are asked to provide warning labels to physicians and pharmacies that administer their product. It is not uncommon for some manufacture companies to try to rush their drug on the market for monetary purposes or for faster approval, even though they know that their drug can cause very harmful side effects.
The U.S. Food and Drug Administration or FDA for short is responsible for regulating the safety of medication, medical devices, food safety, veterinary products, vaccines, cosmetics and any other product that may affect public health.
Although the FDA approves a drug it does not necessary mean that it is not dangerous. The FDA determines if a drug is safe, meaning the benefits of the drug outweigh the risk. The standard for approval of a medication is different than the standard under the law that determines whether a drug is defective.
If a drug manufacturer fails to warn patients or a medical professional about the hazards of their drug and as a result causes injury to a patient then the patient may be able to recover compensation for damages. A settlement can help pay for loss that occurred after the accident such as medical expenses, lost wages and pain and suffering. If you or a loved one have been injured because of a bad drug, seek legal advice and contact a medical malpractice attorney who specializes in bad pharmaceutical drugs. These manufactures companies are known to have legal teams that work hard to fight any claims that their product is faulty. A knowledgeable Baltimore bad drug lawyer will fight back to get you the compensation you deserve. An attorney can also help surviving family members receive compensation if a bad drug killed their loved one.
Bad Drug Complications FAQ
More than 131 million people, approximately two-thirds of all adults in the United States, use prescription drugs. Older adults and those with chronic conditions rely on medication the most and doctors in the United States write more than four billion prescriptions each year. Pharmaceutical companies continue to make advances and introduce new products to the market, but not all these products are safe, even after being approved by the U.S. Federal Drug Administration (FDA).
If you have suffered complications as a result of a prescription drug, you can pursue compensation for your injuries by taking action against the drug company in a product liability lawsuit. Let an attorney review your case and determine the viability of your claim during a free consultation. Until you have the opportunity, the answers to the following frequently asked questions about bad drug complications provide preliminary information.
Are all drug complications grounds for a legal claim in Baltimore?
Not every patient who suffers adverse effects from prescription medication has a viable legal claim against the drug company. Viable claims emerge when the drug manufacturer has produced, marketed, and sold a defective drug or failed to warn the public of potentially dangerous side effects of their product.
Patients who have a bad reaction to a drug as a result of allergies or an underlying medical condition have not necessarily been a victim of big pharma’s negligence. A skilled attorney can evaluate your claim and determine if you have grounds for a product liability lawsuit against the drug manufacturer and potentially other parties.
How long do I have to take legal action after experiencing complications from bad drugs in Baltimore?
Each state has different time limits—called statutes of limitations—for taking legal action to seek compensation in civil court. You need to consult with a product liability attorney and bring a lawsuit before the statute of limitations runs out for your case. Defective drug cases often involve delayed discovery; many victims do not see symptoms or signs of their complications for months or years. In these situations, the statute of limitations generally begins on the day you discovered your drug-related complications or the day you should have reasonably discovered your complications.
Are other parties besides the drug manufacturer potentially liable for damages related to bad drug complications?
In many cases, those who suffer complications from bad drugs choose to sue the drug manufacturer for damages, but victims sometimes name other parties in the lawsuit, as well. In fact, those who suffer from bad drug complications can usually legally take action against any person or business in the drug’s chain of distribution.
Examples of potential defendants besides the drug manufacturer in defective drug cases include:
- The laboratory that tested the drug before sending it to market;
- The pharmacist and/or pharmacy that filled the prescription;
- The doctor who prescribed the medication;
- The hospital or facility that employs the doctor; and
- The pharmaceutical sales representative who recommended the medication to your doctor.
How do bad drugs end up on the market in Baltimore?
In many cases, the drug company’s failure to adequately implement quality control keeps moving bad drugs through the chain of distribution. Sometimes the drug manufacturer does not provide the proper information in their labeling or advertising, and other times their marketing efforts are downright deceptive. Misleading information puts medications into patients’ hands who have no idea about the dangers of the drugs they are taking.
Even FDA approval does not guarantee safety. FDA approval simply means the federal agency has determined that, after standard clinical studies, the benefits of the medication outweigh the risks. Clinical studies before the drug is released aid in testing drugs, but the number of people who take the drug for studies is small compared to use by the public. In some situations, the FDA and the drug company have inadequate information about side effects until the drug goes to market and many consumers have taken a product.
What evidence do I need to prove a bad drug caused my illness?
To win your product liability case, you must prove the drug you consumed was bad or defective. Additionally, you must also prove that the drug’s defect led to your complications.
Examples of evidence that can support your claim include:
- The original prescription your doctor gave you for the drug;
- Copies of your medical records;
- Samples of the defective medication;
- Opinions from medical experts;
- The instructions the pharmacist provided you with your medication;
- Data about others who suffered the same or similar complications; and
- Statements about the drug from the manufacturer or the FDA, especially in the event of a recall.
Product liability claims involving defective drugs are different from other claims. The law typically does not require plaintiffs to prove negligence or fault. Instead, courts hold drug manufacturers strictly liable for the harm their product caused users.
What damages can I recover in a lawsuit for complications related to a Baltimore bad drug?
If you reach a settlement agreement with the drug manufacturer or if the court rules in your favor, you could receive compensation for a wide range of losses related to the complications you experienced as a result of the bad drug.
Examples of damages you could recover include:
- Medical expenses, such as ambulance services, emergency room visits, diagnostic testing, surgery, and aftercare.
- Estimated future medical expenses, when a defective drug causes a permanent condition requiring ongoing treatment.
- Lost wages for time away from work.
- Estimated future lost wages when complications from bad drugs prevent a patient from returning to their job.
- Physical and emotional pain and suffering.
- Diminished quality of life.
- Loss of consortium with a spouse.
- Punitive damages, if the drug manufacturer or other liable party intentionally defrauded consumers.
What should I do if I have suffered illness or injury from bad drugs in Baltimore?
You should contact an experienced lawyer as soon as possible. Defective drug lawsuits are abundant, and many firms have initiated class-action lawsuits against particular drug manufacturers. An experienced product liability attorney can discuss your legal options with you and advise you on the best path forward.
Spector Injury & Accident Lawyers
225 E Redwood St #400C
Baltimore, MD 21202