Injured By A Medical Drug? Identity Of Liable Party Determines Case To File

Posted on: 5 March 2018

If you have been injured by a dangerous drug and you want to file an injury claim or lawsuit, it's important to identify the exact party liable for your injuries. This is necessary because the identity of the injured party will determine which type of legal claim you should make. Here are three examples of those who may be responsible for dangerous drug injuries, and which lawsuit you should file in each case.


Pharmaceutical companies are often the target of lawsuits from people who claim that they have been injured by dangerous drugs. These cases are difficult to win for two main reasons. First, most drugs have dangerous side effects, and you cannot expect to be compensated for suffering the stated side effect as long as you were adequately informed about it. Secondly, winning such a lawsuit is tedious due to the technical difficulties of proving that the drug was defectively manufactured.

However, you should file a product liability lawsuit if you can prove that a pharmaceutical company is liable for your dangerous drug injury. This is a lawsuit that alleges that a product (in this case, the drug) came from the manufacturer in its dangerous condition, and it's the dangerous condition that contributed to your injury.


There are also cases where the manufacturer may be liable for your dangerous drug injuries in addition to or instead of the manufacturer. This is possible because a physician is supposed to know the benefits, dangers, and warnings associated with using a certain drug before prescribing it to a patient. Also, the physician is supposed to communicate these dangers to the patient so that they can make an informed decision on whether to use the drug and use it the correct way.

 Therefore, a physician who doesn't do this is liable for the ensuing patient's injuries. If you are such a patient, then you should file a medical malpractice lawsuit against the physician. A medical malpractice lawsuit alleges that the doctor did or failed to do something, and this act or omission caused their patient's injury.


Lastly, you may also be able to hold the pharmacist who sold you the dangerous drug liable for your injuries. This is because a pharmacist is not just a drug-dispensing professional; pharmacists are supposed to:

·         Confirm prescription accuracy

·         Warn patients of dangerous side effects

·         Review patient's medical histories, among other things

Therefore, a pharmacist who fails to do any of these things is liable for your injuries if the pharmacist's act or omission causes your injury. In this case, you should file a negligence lawsuit against the responsible pharmacist. For more information, contact a personal injury law firm near you.