Elkins Dangerous Drugs Lawyer
A malfunctioning medication can inflict grave and life-changing injuries on a person. While not all adverse reactions from a prescription drug have grounds for a negligence claim, there are cases where the manufacturer, distributor, or other entity could be held legally liable.
An Elkins dangerous drugs lawyer could give you more information about potentially filing a claim for compensatory damages. A team of personal injury attorneys can investigate your situation to determine whether there is a legal basis to hold the manufacturer or another party on the production chain liable for the damages you have sustained.
Common Side Effects and Injuries from Dangerous Drugs
Prescription drugs usually carry side effects. Drug manufacturers owe consumers a duty of care to warn them of the side effects of their products and adequately test them to ensure they do not present an unreasonable risk of danger to users.
However, when a medication is not sufficiently tested to discover potential side effects, a mistake happens during manufacturing, or the drug company does not include sufficient warning labels on the product, the substance may become dangerous for consumers. These harmful effects can include cardiac arrest, internal bleeding, and suffering a stroke.
Dangerous drugs can cause kidney or liver failure, blood clots, a severe increase or decrease in blood pressure, and even death, in some cases. When someone suffers side effects that they believe were caused by a dangerous drug, they can consult a knowledgeable Elkins legal advisor to discuss whether they could be eligible for compensation.
Establishing Legal Responsibility in an Elkins Malfunctioning Medications Case
The most crucial and complex aspect of a dangerous drug case is establishing liability for a consumer’s injuries. There are a few different legal theories under which a defective medication claim may be filed, depending on the facts involved.
The type of suit filed will depend on the parties at fault, which could be the manufacturer, distributor, testing laboratory, marketing company, or the doctor who prescribed the medication. Often, more than one of these parties bears liability in a dangerous drug claim.
In some cases, the defendant alone could be strictly liable. For instance, if the drug had a built-in flaw, the drug manufacturer could be responsible for the consumer’s injuries. It could also be possible to hold the responsible party or parties accountable under the legal doctrine of negligence, such as if the drug company failed to use reasonable care to run adequate clinical trials to identify potentially dangerous side effects. An Elkins legal representative could help determine what grounds could be most appropriate for someone’s dangerous drug claim.
Deadline for Product Liability Claims in Elkins
Generally, the deadline to file a dangerous drug claim in Elkins is two years from the injury date. However, with some medication malfunctions, adverse side effects may not appear right away. Because of this, in cases where the discovery of the injury is delayed, the two-year filing window starts on the date the consumer could reasonably have become aware of the harm inflicted by the drug.
Contact an Elkins Dangerous Drugs Attorney to Examine Your Next Step
You could have a claim for compensatory damages if you were injured by a medication malfunction. An attorney can assess the strength of your claim and counsel you regarding the most advisable course of legal action. Contact an Elkins dangerous drugs lawyer today to receive your confidential case evaluation.