When Are Medication Side Effects Grounds for a Lawsuit?

Jul 25, 2018
by Adler Markoff & Associates

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    When Are Medication Side Effects Grounds for a Lawsuit?

    Everyone who’s taken prescription drugs understands they have side effects. It’s the price we pay to access the incredible healing power of our best medications. 

    Unfortunately, the system for approving prescription drugs isn’t perfect, and some drugs make it to market when they shouldn’t. These drugs have serious side effects that may outweigh their benefits. Even worse, patients who take these drugs often never receive proper warning about the risks to make informed decisions before taking them. 

    Just because a drug has been approved, however, doesn’t mean the manufacturer is protected from liability. When a prescription drug maker pushes a medication with adverse side effects to market and fails to warn patients about the dangers, the patients affected have the right to file a lawsuit and hold the drug company accountable for the harm they’ve caused. 

    So what types of medication side effects can provide grounds for a “bad drug” lawsuit? In this article, we’ll talk about some different scenarios and explain what you can do if you’ve suffered harm because you took unsafe medication. 

    Common Side Effects of Prescription Drugs

    The side effects from dangerous drugs can be very severe, and they often lead to tragic outcomes. Lawsuits over prescription drugs can involve side effects like: 

    • Physical pain 
    • Organ damage 
    • Stroke 
    • Heart damage or heart failure 
    • Blood clots 
    • Skin conditions 
    • Suicidal thoughts 
    • Death 

    This isn’t a complete list of all the possible side effects patients can suffer when they take an unsafe drug and that could lead to a lawsuit. Every drug and every case is different, and the list of potential side effects is endless. 

    The Key Question: Did You Know the Risks?

    The interesting thing about prescription drug lawsuits is that the severity of the side effects you suffered isn’t really the main factor that will determine whether you have a valid claim. Instead, the outcome of your case will hinge on whether you received adequate warning about side effects. 

    So, one patient might suffer a very serious side effect from taking a drug — something like heart failure. However, if that patient knew about the risk of heart failure before taking the medication and chose to go forward with it anyway, that patient most likely doesn’t have a valid claim for compensation. 

    Meanwhile, another patient might experience side effects that aren’t quite so life-threatening, like hair loss. But if no one warned that patient they might lose their hair after taking the drug in question, there’s a good chance they do have a valid claim. 

    To win a lawsuit over prescription drug side effects, you and your attorney will have to prove three things: 

    • You took the drug in question and suffered some type of harm or injury as a result. 
    • The drug was defective, or the drug company failed to market the drug properly and warn patients about the risks associated with taking the drug. 
    • The drug company’s negligent actions directly caused your injuries. 

    Who Am I Suing, Exactly? 

    It’s important to note that prescription drug lawsuits don’t just involve the pharmaceutical companies who manufacture drugs. The system for prescribing and dispensing medications is very complex, and all the professionals involved have obligations to watch out for patients’ safety. 

    This means your case could involve claims against: 

    • The drug company 
    • Sales representatives who sold the drug 
    • Laboratories that tested the drug 
    • The prescribing physician 
    • The pharmacist who filled the prescription 

    Figuring out exactly who might be liable can be a complex process, and it often takes painstaking investigation. That’s why it’s important to contact a skilled attorney who has experience handling prescription drug injury cases if you’ve suffered harm from taking a dangerous drug. 

    Contact AMA Law if You’ve Been Injured by an Unsafe Drug

    When a drug company or medical professional betrays your trust and harms you, the consequences can turn your entire life upside-down. If you’re in this situation, you deserve justice and compensation, and the dedicated team of lawyers at AMA Law are ready to help.   

    Our attorneys have years of experience handling complex medical device and prescription drug claims, and if we’re able to take your case, we’ll fight relentlessly to get you the justice and compensation you deserve. And thanks to our “no recovery, no fee” policy for personal injury claims, you won’t pay any attorney’s fees unless we win your case or get you a settlement.    

    If you or someone you love has suffered because of a prescription drug, please call AMA Law at (405) 607-8757 or fill out our quick and easy online contact form to get a free, no-risk assessment of your case from an experienced attorney. 

    The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

    Request a free consultation

    (405) 607-8757