Prescription drugs and over-the-counter medications can be used to treat an individual’s adverse symptoms and provide relief. Despite their effectiveness, some of these drugs carry substantial health risks. While some side effects are unavoidable, pharmaceutical companies could face civil liability for drugs that carry unreasonably dangerous health risks.
Drug companies must thoroughly test their products before marketing them to consumers. In addition to ensuring that these medications are safe for use, drug manufacturers must also provide instructions for proper use and warnings labels of potential side effects. When companies fail to fulfill these obligations, injuries and illnesses can occur.
If you believe a dangerous drug caused your medical condition or made it worse, you could benefit from speaking with an experienced personal injury attorney. A Gainesville dangerous drugs lawyer could review your case and determine your eligibility for financial compensation.
When it comes to qualifying for a civil lawsuit, not every drug is considered legally dangerous. Even drugs with significant side effects may not qualify as dangerous, in certain circumstances. When the risks of a drug outweigh its medical use, it could be considered dangerous.
Dangerous drugs must be unreasonably dangerous in order to form the basis of a successful lawsuit. For example, a prescription that has life-altering or even fatal side effects that is intended to treat minor illnesses could create civil liability for the drug’s manufacturer.
Many dangerous drugs claims involve a pharmaceutical company’s failure to warn consumers of potential health risks. Manufacturers have an obligation to inform consumers of the dangers associated with using their products. If a company fails to provide appropriate warnings or fails to test a drug thoroughly before allowing it to enter the market, an attorney could argue that they are legally responsible for any subsequent injuries a consumer suffers.
Official Code of Georgia Annotated §51-1-11 grants injured consumers the right to bring a legal claim against negligent pharmaceutical companies for selling a defective drug. A drug manufacturer would be responsible for the harm their dangerous medications cause, even if they were unaware of the defect or side effect. This standard is known as strict liability, is lower than the requirement of proving negligence.
Manufacturers are not the only potential defendants in these cases. According to O.C.G.A §51-1-23, a plaintiff could also hold the seller of a dangerous drug responsible if they were aware of its unreasonable health risks before selling it. If a company’s dangerous drug injures a consumer, it as well as the medication’s seller could be held liable by a skilled Gainesville attorney.
A qualified Gainesville dangerous drugs lawyer from our firm could help you recover compensation to offset your losses. From investigating your claim to helping you file a lawsuit, an experienced attorney could assist you through every part of the process. Call our team immediately to set up a free consultation with a professional legal advocate.