When people go to the doctor and are prescribed medicine for their ailments, they often have full confidence that the treatment they are given will work. In fact, many people look at the side effects of drugs and think, “that will never happen to me.” Unfortunately, taking medication and experiencing adverse side effects is a common occurrence, and Americans should know what options they have to recover should this ever happen to them.
Who Is Responsible for Adverse Side Effects
When someone suffers adverse side effects brought on by medication, there are potentially two entities which can be held responsible for the user’s ailments. Doctors can be held liable for adverse side effects their patients experience from taking a prescribed medication. Although the doctor did not make the drug, he or she may have prescribed medication without checking a patient’s known medical history. For example, some medications are known to produce adverse side effects in pregnant women. If a doctor prescribes a pregnant woman a drug that is known to harm a fetus, he or she could be found responsible for the trauma in the court of law.
In other scenarios, a personal injury lawyer can pursue justice on behalf of a client by directly suing a pharmaceutical company.
A drug company can be found responsible for adverse side effects when
- Scientific research during the drug’s development is hidden or skewed.
- Drug labels fail to name prominent adverse side effects.
- Warning labels fail to identify particular demographics who are at risk of side effects.