How to Approach Your Defective Drug Injury Claim

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Sadly, defective drugs injure a significant amount of people in the United States each year. What’s worse is that defective drug accidents are usually caused by another party’s negligence and by no fault of your own. When this is the case, it is important that you hold the other party accountable. Follow along to learn how a seasoned St. Mary’s County defective product lawyer at The Dorsey Law Firm can help you prove negligence to obtain the financial compensation that you rightfully deserve.

Who is the negligent party for my defective drug injury?

Typically, there are three grounds on which you may file a defective drug injury claim. They are as follows:

  • Unsafe drug design: drug designers are legally obligated to ensure their drugs are safe for consumer use. For your claim, you must prove that there was a safer and cost-effective means to produce the drug that would not hinder its function.
  • Negligent drug manufacturing: drug manufacturers are responsible for ensuring that they follow the blueprints provided by drug designers. For your claim, you must prove that they divert from these guidelines to save money or time, and thus the drug became unsafe.
  • Failure to provide drug warnings: before a drug can be distributed, manufacturers must ensure that the packaging includes written warnings about potential hazards and instructions on how to use and not use the drug. For your claim, you must prove that this was not present.

Even if the drug is not defective in and of itself, you may still have a case if you can prove that a distributor was at fault. For example, a doctor or pharmacist displays negligence if they prescribe or supply you with the incorrect medication. For this, it is recommended that you file a medical malpractice claim with a knowledgeable St. Mary’s county medical malpractice lawyer.

What evidence do I need for my defective drug injury claim?

The most important piece of evidence that you can preserve is the defective drug itself, even though it may be tempting to toss it away. Make sure that you are able to do so in a safe manner that will not lead to further damages for you or others. If this is not doable, then take photos of the drug, the packaging, and the damage it inflicted to help satisfy the burden of proof.

If you need assistance with preserving or gathering this evidence, contact a proficient Leonardtown personal injury lawyer today.

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Contact The Dorsey Law Firm today to schedule your free initial consultation with our seasoned & dedicated personal injury lawyers.