Queens Dangerous Drugs Lawyer
When your doctor prescribes you medication, you trust it is safe. Unfortunately, there are times when a pharmaceutical product does not work as intended or advertised by its manufacturer.
If you experience adverse side effects from taking a medication, a Queens dangerous drugs lawyer could help. You might have the legal right to pursue financial compensation from negligent pharmaceutical companies and manufacturers. A skilled personal injury attorney could help you build a successful claim seeking compensation for your medical care, lost wages, and pain and suffering.
When Is a Company Liable for a Dangerous Drug?
Dangerous drug cases are a type of product liability claim. Companies that manufacture products for consumer use are legally obligated to ensure these products are reasonably safe. When manufacturers do not take proper measures to protect consumers, the law holds these companies strictly liable for the consumer’s damages. In product liability claims, the defendant’s negligence is irrelevant.
Three types of defects can form the basis for a lawsuit over a dangerous drug: manufacturing defects, design defects, and marketing defects.
A manufacturing defect is when an error occurs during the manufacturing process. In these cases, the product would have been safe if made correctly, but due to a mistake in the manufacturing process, became dangerous, causing a consumer to suffer injuries. Drug companies are strictly liable for the harm they cause to consumers because of manufacturing defects.
In contrast to manufacturing errors, a drug with a design defect is inherently dangerous based on how it was designed. A drug company could be liable for damages in these cases if there was a safer design alternative that the company could have reasonably used.
Lastly, drug companies must warn consumers about known dangers and side effects associated with their products. Medications must come with a full list of possible side effects, and drug companies can be liable for marketing defects if they fail to warn a consumer about known risks.
A Queens attorney could investigate what made a drug dangerous to consumers and whether this danger serves as a basis for legal action against the manufacturer.
Potential Challenges in a Dangerous Drug Case
Determining liability in a dangerous drug case can be complex. Depending on the circumstances of a particular case, multiple parties could bear legal responsibility for a consumer’s injuries. For example, a drug manufacturer could be responsible for manufacturing or marketing defects. The doctor who prescribed a dangerous drug could also be liable if they fail to inform their patient about known side effects or risks. Sometimes, a pharmacist could be liable for filling out the wrong medication or an improper dose.
The statute of limitations also only gives injured people three years to file a product liability lawsuit against the company responsible for making a dangerous drug. If someone dies because of a drug, state law gives surviving family two years to file a wrongful death action. An experienced dangerous drugs attorney serving Queens could help investigate all parties who could be liable for a consumer’s injuries and take appropriate legal action within filing deadlines.
Contact a Queens Dangerous Drugs Attorney Now
Prescription drug companies sometimes bend rules and regulations to sell their products as soon as possible. When drug companies rush their products onto the market without proper testing or warning to consumers, they should be held accountable for any harm these consumers experience.
When you or a loved one are hurt by the effects of a medication, discuss filing a lawsuit to recover damages with a Queens dangerous drugs lawyer. Contact an attorney at Goldstein & Bashner today for a free consultation.