Prescription medication lawsuits are a type of product liability lawsuit. A bad drug lawsuit may also involve claims of medical malpractice or surgical malpractice. Drug companies are responsible to manufacture prescription medication that is reasonably safe and provides proper disclosures of risks and side effects. Sadly, the United States Food and Drug Administration (FDA) is often asleep at the wheel and does not properly safeguard the general public to insure safe and effective pharmaceuticals. The cause of defective, unreasonably dangerous, unsafe and dangerous drugs is often caused by the following:
Dangerous drugs | Bad medication
- Defective and unreasonably dangerous design- Drug manufacturers must insure that they take safety precautions to minimize complications, side effects and serious injuries. “A company’s liability for a design defect occurs when there was a foreseeable risk posed by the product when the product was manufactured as intended and used for its intended purposes. In many states, plaintiffs also have to show that the risk could have been reduced or avoided by the adoption of a reasonable alternative design, which was:
- Feasible, in other words, the manufacturer had the ability to produce it;
- Economically feasible, in other words, it would not cost too much to make the product with the modification; and
- Not in opposition to the product’s intended purpose, in other words, the product would still perform the function for which it was created.” Findlaw
- Manufacturing defects and mistake- Drug design must be consistent and within specifications insuring a consistent level of quality and that they are safely manufactured.
- Deceptive Marketing- It is imperative that Big Pharma does not misrepresent what the benefits and side effects of prescription medication. It is crucial that Drug Manufacturers warn consumers of potential drug complications and side effects. Drug manufacturers must also warn patients when a drug conflict with another medication. Such negative interactions could cause death or severe complications. ” Such messages must be truthful and not cause harm, and may be useful in presenting new product comparative information or discussing additional adverse reactions, patient subgroup analysis, or conveniences in product use.” http://www.pharmexec.com/drug-marketing-and-advertising-under-fire
In many instances the real negligence cause of action is against the surgeon, physician or medical doctor who:
- prescribed the wrong drug
- prescribed the wrong dosage.
- refused to provide the patient of the risks or complications that should be expected from using the drug.