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Liability for an injury caused by medication

At Bendall & Mednick, we understand that when you want to make a major purchase such as a vehicle, you probably read reviews and looked at ratings to make sure it will keep you and your passengers safe. If you are like most people, when you take a medication, you probably trust your doctor to have done that research for you. However, even the best-informed doctors and pharmacists cannot tell you that the drug is defective if the manufacturer has not told them.

FindLaw points out that even though the U.S. Food and Drug Administration has provided standards for testing pharmaceutical products, the agency does not actually perform the tests. Instead, manufacturers are responsible for this process, and for providing all the safety information that the tests reveal. A company may discover that a drug may produce certain side effects at certain doses, or when combined with other medications. In that case, it has a duty to warn the public about the potential for harm. Your doctor should use this information to weigh the risks and benefits in your particular health circumstances. 

If you are injured by a drug and you were never warned about the possible danger, there are a number of places that accountability could rest besides with the manufacturer. There could be contamination in the packaging, for example, or your doctor may not have thoroughly reviewed the information the manufacturer provided. Because the system is so complex, it may take some investigation to discover who is at fault. More information about dangerous drugs and other defective products is available on our webpage.

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