Sometimes, it is not the physician’s overt negligence that causes his or her patient to suffer, but the drug he or she uses to treat the patient. This can further be broken down into multiple scenarios:
The doctor knew the patient’s medical history and current ailment would not be served well by the drug, but prescribed it anyway;
The doctor knew the drug could cause dangerous side effects that outweighed the benefit it would have to the patient, but prescribed it anyway;
The doctor was not aware of the dangerous side effects of the drug;
The particular batch of the drug that the patient received was tainted in some way, putting him or her at risk; and
The doctor prescribed an incorrect dosage amount to the patient, either due to his or her own error or due to unclear or incorrect labeling of the drug.
If you have been negatively affected by a drug, you can file a medical malpractice claim to seek compensation for your damages. You and your lawyer need to determine the party whose negligence is to blame for your damages, which may be the doctor, the pharmacist, the hospital, the drug’s manufacturer, or the drug’s distributor. Multiple parties may be at fault in your case as well.
Prominent Dangerous Drug Cases
You may be familiar with some of the lawsuits listed below. These were national class action lawsuits that were filed after thousands, even millions in one case, of patients suffered from dangerous side effects after taking certain prescription drugs. A few prominent examples of dangerous drugs that have harmed American patients include:
Xarelto. Xarelto is an anticoagulant used to treat and prevent blood clots. It has also been linked to hemorraging and pulmonary embolism in patients, both of which can have a serious, even life-threatening, impact on the patient;
Yaz/Yasmin/Ocella. These birth control pills put their users at risk of developing dangerous blood clots and suffering from strokes and heart attacks; and
Fen-Phen. This diet pill was widely prescribed during the 1990s. When the drug was linked to heart valve issues, the drug was recalled and its manufacturer, American Home Products Corporation, paid a total of $3.75 billion in compensation to users of the drug.
What is a Class Action Lawsuit?
A class action lawsuit is a claim made on behalf of a group of people with a common interest. Many of the cases discussed above involved class action lawsuits due to the number of people affected by the drugs and devices. Talk to your lawyer about taking part in a class action lawsuit if there have been multiple victims of the drug that hurt you.
Work with an Experienced Medical Malpractice Lawyer
If you are suffering because of a dangerous medication or device used in your medical treatment, you could have grounds for a medical malpractice claim. Do some research about the medication or device used to see if others have had a similar experience with it. Also be sure to contact an experienced medical malpractice lawyer to discuss the best way to proceed with your claim. Contact Baizer Kolar, P.C. today to set up your free consultation with us. We are decdicated to helping all of our clients reach fair settlements for their damages.