Proving Injuries From Medication Mistakes

Posted on: 9 February 2016

Being injured by an over-the-counter or prescription medication can be distressing and costly. These types of injuries are potentially serious and can be permanent. Fortunately, there may be ways to get compensated for injuries caused by medication from the manufacturer or your health practitioners if it can be proven that they are at fault. Winning damages may not be easy as these cases get complicated and sometimes take a long time to resolve. You will need to prove at least one these four things.

You were not a contributor to your injuries:

You should begin by having proof that the injuries you received were not because you did something wrong. You need to show that you followed all the directions on the medication or from your doctor. You may also have to prove that you didn't have any of the conditions listed in the warnings on the inserts of over-the-counter medications. If the medication was prescribed by your doctor, you will need to show that you have disclosed all known health issues to your doctor before the medication was prescribed.

The doctor was negligent:

If you feel that doctor is at fault, it must be proven is that he or she was negligent in recommending an over-the-counter or prescribing a medication that caused your injury. The doctor could be negligent if they didn't do required tests for conditions that may be aggravated by the medication, prescribing the wrong medication or prescribing too much (or too little) medication.

The manufacturer was negligent:

The manufacturer may be at fault if at least one of several things can be proven. One thing that they may be negligent for is if the medication had dangerous side effects that they knew or should have known about but didn't disclose. They could be negligent by for placing inaccurate dosage or storage instructions. They may also be responsible if the medication was tainted due to their negligence. For example, medications could be damaged if they were not keeping equipment clean or taking reasonable precautions.

The pharmacy made a mistake:

Pharmacies and not excused from making mistakes as well. They may make a mistake by giving you another patient's prescription by accident, prescribing the wrong dosage or putting the wrong instructions on the container. Sometimes, they have difficulty understanding the doctor's writing or have other issues, but don't follow up with the doctor. It could also be that they accidentally prescribe a similar-sounding or similar-looking medication.

Getting compensated for personal injuries from medications is complicated and usually not clear-cut. An attorney can walk you through the process and help you gather evidence for your case. If you feel that you were injured from taking a medication, whether it was over-the-counter or prescription, contact an attorney that specializes in these types of cases, like those at Davidson Law Center Inc.