Things To Know About Prescription Medication Lawsuits
Prescription medications are typically a balancing act. Most medications have some kind of side effects, and patients make a decision if the possible side effects are worth the possible benefits of taking a medication. Some basic questions you can ask to determine if you may have a prescription medication lawsuit:
- Does my health problem have a medical diagnosis?
- Did I experience permanent harm from this prescription medication?
- Is my health problem listed as a possible side effect of taking this medication?
- Is my health problem related to a recall of this medication?
Does My Health Problem Have A Medical Diagnosis?
Do you have a diagnosis from your doctor for your health problem? A proper medical diagnosis is an important first step in any injury claim.
Did I Experience Permanent Harm From This Prescription Medication?
Many side effects are short-term or stop when a patient stops taking the medication. If your health problem is temporary, you probably won’t have a valid claim. In addition, if the health problem you experience isn’t considered serious you might not have a successful claim.
If your health problem is permanent and serious AND is directly linked to a specific medication, a successful claim will depend on the disclosed side effects.
Is My Health Problem Listed As A Possible Side Effect With This Medication?
If your health problem is listed as a possible side effect of taking this medication, you won’t have a successful claim. Side effects are provided with prescription medications for patients to make informed decisions about their health. Most medications have side effects that can range from mild to severe.
It is the patient’s responsibility to read and understand the side effect warnings provided with any medication. When you experience a side effect listed in the warnings you will not have a successful claim against the manufacturer. This includes severe and/or possibly deadly side effects (cancer, heart failure, etc.). If the manufacturer lists it as a possible side effect you likely won’t have a valid claim.
If your health problem is NOT listed as a possible side effect, you could have a valid claim. But, it could be difficult to link the medication as the direct cause of your health problem. You’ll need scientific proof, which can be hard to establish on your own. There have to be scientific studies that link your problem with the medication. Sometimes, evidence of a problem comes to light in the form of a medication recall.
Is My Health Problem Related To A Recall Of This Medication?
Medication recalls can be related to any number of problems. In situations where your specific health problem is related to a recent recall, there may be grounds for a lawsuit.
What Should I Do?
If you are experiencing problems with a medication, talk to your doctor first. While it may be important to continue taking medication, there may be other options to treat your underlying issue. Switching medications may solve your problem. But, if your problem is permanent talk to an attorney about your situation.
When To Talk To An Attorney
If your permanent health issue is related to a specific medication, proving it could be difficult. Talk to an attorney to discuss your options. An experienced attorney can investigate your claim, there may be others experiencing the same problem. If there are grounds for a successful claim, an attorney may be able to help you.