It takes a certain degree of blind trust for an individual to ingest prescribed medication. That person is putting his or her health in the hands of the pharmacist who filled the prescription, the prescribing doctor, the drug manufacturer, and the Food and Drug Administration. When an individual suffers harm due to problems such as a defect in the chemical makeup of a drug or a dosage error, life-threatening injuries and even death can occur.
Manufacturing and distributing prescription medication is a huge responsibility. Many people cannot survive without the aid of prescription drugs, and it is a frightening thought that sometimes the drugs that are prescribed to improve quality of life end up shortening it or cause premature death. If you or a loved one have been injured due to a defective medication or medical device, it is wise to seek the counsel of a pharmaceutical injury attorney. Prosper Shaked Accident Injury Attorneys PA can provide you with an honest assessment of your claim and will fight tirelessly against the billion dollar pharmaceutical corporations who are responsible for your injuries.
Product Liability For Pharmaceutical Injuries
Pharmaceutical companies have a legal duty to manufacture and distribute medication that is safe for public consumption and that warns consumers of any associated side effects or hazards. If you have suffered harm due to a defect in prescription medication or by a prescribed medical device, you could file a product liability claim against the company who manufactured the medication you ingested.
There are three types of defects that are used to categorize defective pharmaceutical products. A defective medication may fall under one or more of these categories:
- Design defects
- Manufacturing defects
- Failure to warn
Design defects exist when the formulation of a drug was flawed, resulting in dangerous side effects that could harm consumers. Usually a pharmaceutical manufacturer could have avoided a foreseeable risk of injury by using a safer alternative design.
Manufacturing defects can be found where a medication was mislabeled before it was distributed to consumers. These types of defects can also occur when a drug is manufactured improperly or during the manufacturing process it was contaminated. Sometimes this can be due to the use of wrong materials or failure to use quality controls.
A claim for failure to warn can take place when a drug is released for public consumption without warning consumers of appropriate use and possible known side effects. If there are other risks associated with ingestion of a particular drug such as risk of serious injury or death, consumers should be made aware of this.
Medical Malpractice Suits for Errors in Prescribing
Victims of pharmaceutical injury have the option to file a claim against the prescribing doctor if the injuries sustained were attributed to a prescription error. Some common types of prescription drug errors include:
- Mislabeling medication
- Prescribing medication that contains an ingredient that a consumer has a known allergy to
- Prescribing medication that negatively interacts with other known medication that a consumer takes
- Administering an incorrect medication
- Administering the wrong dosage of a medication
- Failing to warn a consumer of common side effects of a medication
When a doctor or medical professional errs in prescribing a medication, life-threatening injuries and even death can result. Below is a list of some of the most common injuries that can be attributed to prescription error:
- Rashes and other skin conditions
- Respiratory problems
- Organ damage
- Organ failure
- Brain injury
- Cardiac arrest
- Wrongful death
In order to stay within Florida’s statute of limitations for medical practice lawsuits, an individual must file his or her claim within two years of the harm that was the result of malpractice or when the harm should have reasonably been discovered. The State of Florida has a statute of repose which states that unless there are extenuating circumstances surrounding the claim, a healthcare provider may not be sued more than four years after an alleged malpractice incident occurred. If a medical provider perpetrated fraud, misrepresentation or concealment, a court may allow a malpractice victim to file even if the statute of repose has passed.
Damages For Florida Medical Malpractice Lawsuits
Florida has some limitations on the amount of damages of a victim of medical malpractice can recover in a lawsuit. There is a cap on noneconomic damages in the State of Florida. A victim cannot recover more than $1 million in noneconomic damages in a medical malpractice suit. Furthermore, a victim can only recover punitive damages if he or she proves that the medical professional had an intent to cause serious harm.
Miami Pharmaceutical Injury Lawyer
If you or a loved one have suffered harm due to a pharmaceutical defect or prescription error, you may be entitled to damages for your injuries. It is important for you to retain a skilled pharmaceutical injury attorney to fight for your legal rights against big pharmaceutical corporations and prescribing doctors. Call the Law Offices of Prosper Shaked today at (305) 694-2676 for a free consultation and assessment of your case.