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The
United States provides some of the best health care in
the world, yet an estimated 200,000 Americans die
annually due to adverse reactions and harmful
side-effects of prescription drugs. Manufacturers of
drugs and supplements can be held responsible for sale
of defective products, devices, and drugs. This
responsibility is broad and includes the duty to
exercise reasonable care in the design and manufacture
of a product. The obligation of the manufacturer to make
a safe product includes the duty to design, manufacture,
inspect, and label a product appropriately. Proving that
a manufacturer of a drug supplement is responsible for a
defective product can be complicated and expensive.
The team of lawyers at AttorneysTrialGroup.com
utilizes personnel and experts who have specialized
knowledge concerning the design and manufacture of
defective drugs and supplements. Since 1988, our firm
has recovered more than $100 million in verdicts and
settlements for our clients, in cases ranging from
pharmaceutical negligence to wrongful death. These
verdicts and settlements have been among the highest in
Central Florida.
Each year, thousands experience complications associated
with over-the-counter medications and supplements. A
1995 study cited pharmaceuticals as responsible for
almost 10 percent of all hospital admissions and
avoidable drug induced illnesses. In addition to
injuries and death, these avoidable illnesses
significantly increase health care costs due to loss of
income, disability claims and medical treatment.
The Food and Drug Administration (FDA) is the federal
agency responsible for regulating an estimated $1
trillion worth of products annually and pharmaceuticals
represent a large percentage of these products. While
the FDA must approve all prescription drugs, dollar
conscious drug and medical manufacturers put unrelenting
pressure on the FDA to expedite their product’s
approval. In turn, the FDA may put a drug on “fast
track” status to reduce approval process time. Often,
“fast track” drugs are not subject to a thorough
analysis and may be sold prematurely. Without a full
understanding of a drug’s potential side- and
long-term effects and negative interactions, patients
continue to suffer serious injury or death. However, it
is important to remember that while a product may be FDA
approved,
(FDA Report) the manufacturer and/or prescribing health
care provider is liable for unsafe drugs, medications,
and medical devices. 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.
- Malpractice may exist if there is proof that a healthcare provider placed their personal interest or that of the pharmaceutical industry above patient’s interests. It is not only reprehensible; it is illegal for physicians to receive monetary or material gain for prescribing a specific drug.
The following drugs represent some of the more
controversial and problematic products:
If you are injured by a defective drug or
supplement, save the product and all parts and
instructions that come with it, including the box it
came in. This information may be vital to proving your
case. At AttorneysTrialGroup.com, we are on your side,
and can help you make informed decisions about your
pharmaceutical negligence claim. Our cases are handled
by a team of professionals, including nurses, doctors,
engineers and other experts. We offer free
consultations in your home, at the hospital or in our
offices. There are no fees or costs unless we win.
Contact us today in Orlando at (407) 381-4123, or in
Kissimmee, (407) 846-2240, or via our online contact
form.
Pharmaceutical Negligence Questions & Answers
1. What is pharmaceutical malpractice or pharmaceutical negligence?
2. My prescription was incorrectly filled and I became very ill. Do I have a pharmaceutical negligence case?
3. What are some of the most common drugs that can cause serious injury leading to pharmaceutical negligence?
4. What are some of the common causes of pharmaceutical negligence?
5. Is there a time limit on bringing a pharmaceutical negligence claim?
6. How can I avoid a pharmaceutical injury?
7. What is the definition of medication error?
8. I've been taking a drug that was not prescribed
by a physician; do I still have a possible legal claim
for injuries suffered?
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