Pharmaceutical companies who manufacture and sell medications and medical devices have a duty to consumers to make their products reasonably safe when used as intended. Pharmaceutical companies can open themselves up to a product liability case when they create an unreasonably dangerous product by failing to properly research the drugs for possible risks. Just because a drug has been approved by the FDA (Federal Drug Administration), they are not guaranteed to be safe. This FDA approval does not protect the manufacturers from liability. These manufacturers are obligated to let you know a drug's dangerous side effects and to inform the public of such risks. If warnings are necessary to prescribe a drug safely, the drug must be accompanied by the warning or the manufacturer will be held liable. One of the best examples is the recent Fen-Phen (diet pill) problem.
A pharmacist can be held liable in a negligence action if he or she does not fill a prescription properly or label it adequately. A pharmacist can only assign prescription drugs if a physician has prescribed that certain drug. Pharmacists are not allowed to sell prescription drugs without a prescription from a doctor.
Physicians also have a duty to relate to their patients the known risks of medications they are prescribing. It is the responsibility of the pharmaceutical company to let the physician know the risks, but that is as far as the duty of the pharmaceutical company goes. After that, the responsibility becomes that of the physician. The physician should inform the patients of all known risks, then allow the patient to make an informed decision of deciding whether to take the prescribed drug or not. If a physician prescribes a wrong drug or the wrong dosage, he is responsible and there will be a medical malpractice case. Patients rely on physicians and their knowledge concerning medication and the human anatomy. It is up to the doctor to understand and relate how a specific drug is to be used for a particular problem with a particular patient. The patient's safety with regard to prescription drugs is the doctor's responsibility. A doctor's negligence certainly justifies a medical malpractice lawsuit.
The lawyers at Hill-Boren have the knowledge, skills and resources to investigate these types of claims. These types of claims can be addressed under several theories, including: products liability, medical malpractice, negligence, breach of warranty, and failure to warn. If you feel that you have a claim that falls under one of these subjects, please give us a call. We do not receive a fee or expenses unless we settle or win your case at trial. It is our goal to obtain a just recovery of your claim.
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