Who Can be Held Liable for Prescription Drug Injuries?

While some medications enable people to live long and healthy lives, many, due to a defect in design or manufacturing, have the opposite effect. Treating injuries caused by these types of medication errors can be expensive, so if you were recently injured after taking a prescribed medication, it is important to speak with an experienced Fort Lauderdale defective drug lawyer who can help you seek compensation for your losses.

Medication Errors

The U.S. Food and Drug Administration (FDA) defines medication errors as any preventable event, including inappropriate medication use, that could cause or lead to patient harm while that medication is in the control of:

A healthcare professional;
A patient; or
A consumer.

Medication errors can and do occur throughout the entire medication-use process, which includes:

When a drug is being designed, manufactured, or transported;
When the drug is being prescribed;
When entering patient information into a computer system;
When the drug is being packaged or dispensed; or
When a drug is being taken by a patient.

Errors during this process result in as many as 100,000 reports of medication mistakes every year, many of which have dire consequences for patients, who could suffer from adverse drug events, including disability, hospitalization, birth defect, or even death.

Who is Liable?

Because so many people are involved in the creation, distribution, and prescribing of medications, a wide range of individuals and entities could potentially be held liable for prescription drug injuries resulting from a medication error, including:

The company responsible for manufacturing a specific drug;
Companies involved in the sale or distribution of medication, including entities responsible for packaging, storing, and transporting the drugs;
Medical salespeople who market the drugs to specific physicians and hospitals; and
Physicians and other medical professionals, including nurses and pharmacists.

It is often difficult to pinpoint exactly who is at fault in this type of case, especially in situations where multiple parties played a role in a person’s injury, which is why injured patients usually require the experience of a defective drug attorney who can begin collecting evidence to support their claim.

Important Deadlines

It’s important to note that those who have sustained injuries as a result of a medication error will only have a chance at recovering damages from the at-fault party if they file a claim within a certain time period, known as a statute of limitations. In Florida, this deadline is four years from the date of the injury in question, unless the injured party passed away, in which case, the statute of limitations is two years. Filing a claim before the statute of limitations passes is extremely important, as those who fail to do so will almost always have their cases dismissed.

Contact Our Office by Phone or Online Message

To speak with an experienced defective drug lawyer about your legal options, please schedule a free case review with one of the dedicated attorneys at Boone & Davis today. You can reach our office by calling 954-566-9919 or by completing one of our brief online contact forms.

Resource:

fda.gov/drugs/drug-information-consumers/working-reduce-medication-errors