Prescription Drug Negligence

Drug Companies, Doctors, and Pharmacies

Prescription drug negligence involves the prescribing of a drug without the proper medical basis for the prescription, improper dosages recommended by a doctor, improper filling of the prescription by the pharmacist, and failure of the doctor or pharmacist to consider and warn you about interactions with other drugs that may cause you harm. Prescription drug negligence also involves dangerous drugs, meaning drugs that have been known to cause serious side effects and medical problems in the person using the drug.

Each year, thousands of Americans experience complications associated with pharmaceutical medications. As many as 10 percent of all hospital admissions are caused by avoidable drug induced illnesses. There are an estimated 2.2 million reactions, and millions of complications and disabilities related to the unexpected effects of medical products and drugs. This includes "off-label" drugs that are safe when used for a specific purpose, but could prove hazardous if used under different circumstances.

Manufacturers and their agents are obligated to provide consumers with products that are safe when used in a reasonable manner, and to responsibly market their product. If a drug company's product injures or kills someone, they have failed in their legal duty to exercise reasonable care in the design and manufacture of the product. The law states that:

• Drug manufacturers who fail to design, manufacture, inspect and label pharmaceuticals appropriately may be held liable. A pharmaceutical manufacturer may also be liable for a patient's injuries when they have failed to warn of a drug's potential side effects or dangers.
• Medical doctors, nurses, dentists, osteopaths and health care facilities (hospitals, nursing homes) can be found liable for deviating from the acceptable standard of patient care.

Using drugs in other ways than described in the FDA approved label is called "off-label use". Patients nationwide are also being injured and killed by doctors prescribing drugs in ways that have not been certified by the Food & Drug Administration (FDA) as effective and safe. According to one study, over 115 million off-label prescriptions were written last year alone, and over 8,000 individuals suffered detrimental effects from these prescriptions. Victims of off-label prescriptions have suffered heart attacks, strokes, permanent nerve damage and blindness. Others have died. While it is legal for physicians to prescribe off-label medications, pharmaceutical companies cannot aggressively market a medication's unapproved off-label benefits. Yet giant drug makers continue to vigorously promote drugs for conditions unapproved by the FDA so that their profits increase as safety decreases. If a doctor has prescribed any drug for an "off-label" use, you may want to contact them and discuss your treatment. You may also want to contact an attorney to help you protect your legal rights.

Proving negligence in drug claims requires a substantial investment of time and resources. Wealthy drug companies hire attorneys whose sole function is to defeat product liability claims. Insurance companies have a seemingly limitless supply of financial resources and claims adjustors to minimize payouts and maintain profitability. To help level the playing field, get the support of a qualified personal injury lawyer who has the resources, experience and skill to successfully negotiate the best settlement or fight aggressively in the courtroom.

If you feel that your injury or the death of loved one is due to a prescription drug, you may be entitled to file a personal injury, product liability, or wrongful death claim. The statutes of limitations specify a limited timeframe in which a claim can be made. Do not lose your right to make a claim.

Commonly used drugs known to Cause Serious Side Effects:

Click here for a list of commonly used drugs and their side effects.