Fayetteville Dangerous Drugs Lawyer
Millions of Americans take medications every day to combat maladies ranging from headaches and nausea, to chronic heart failure or cancer. Every decision to take a medication is a collaborative effort between patients and doctors as to the benefits and potential side-effects that taking the drug may impart.
However, these decisions can only be made in an educated manner if the maker of the drugs is honest about their capabilities. In fact, all medications must undergo significant testing before they are made available for sale. Still, due to either negligence or outright criminality, many dangerous drugs remain on the market.
A Fayetteville dangerous drugs lawyer could help people who have suffered undisclosed side-effect injuries following the use of medication. Experienced attorneys work with clients to discuss how their injuries are connected to using the drug and prove that the manufacturer carries liability for their actions.
How A Dangerous Drug May Affect Your Health
Every drug comes with side effects. Even something as simple as an over the counter pain killer like ibuprofen may affect a person’s blood pressure or cause liver damage if improperly used. More serious drugs such as those used to treat cancer or chronic heart conditions can be fatal if taken by people without these conditions. In this way, even a properly used medication may cause serious injuries.
Because of this, any decision to take a medication must involve an intensive cost-benefit analysis. This should include an honest discussion with one’s doctor as to the potential ramifications of taking the drug. When done properly, these discussions will absolve the drug maker of any liability because they will have disclosed all potential side effects from taking the medication.
What if the Maker Does not Fulfill their Duty to Fayetteville Patients?
However, in certain situations, a drug maker may be liable in case of a side effect. This typically involves a situation where the maker fails to properly warn the user of any potential harm that may result from using the drug.
The process for pursuing these claims is codified in North Carolina law. According to North Carolina Statute §99B-5, the maker of a drug is liable for any damages cause by their product if they did not provide adequate warning of hazards or instructions for proper use. For example, if the drug maker did not disclose a known hazard on their packaging, this may violate their obligations to warn a user.
Alternatively, a plaintiff may allege that a defective design caused their injuries. Under North Carolina Statute §99B-6, a plaintiff may work with a pharmacological expert to submit alternative drug designs as evidence that another chemical formula would have prevented their injuries.
A Fayetteville dangerous drugs lawyer could help choose a legal theory that best protects the injured party’s rights. They then work to gather the necessary evidence and take the lead in settlement talks to demand appropriate compensation.
A Fayetteville Dangerous Drugs Lawyer Could Help
Dangerous drugs are a leading cause of injuries in Fayetteville and throughout the state. Every drug comes with risks and all patients should be made aware of them. In most instances, any side-effects are expected and not a source of legal liability.
However, if a drug maker fails to disclose these dangers or makes their drugs in an inherently dangerous fashion, they may carry civil liability for your injuries. This can include payments for medical bills, lost wages, and mental anguish.
A Fayetteville dangerous drugs lawyer could take the lead in your case. They can procure evidence that proves drug maker negligence and demand appropriate compensation for your losses. Contact a lawyer today to discuss your case.