Many of us must rely on prescription drugs to treat health conditions. People of all ages use prescription drugs to treat anything from temporary health issues to long-term diseases and ailments. In turn, we trust that our healthcare providers and the drug manufacturers have done their best to avoid causing harm.
How common are prescription drug injuries?
Despite the FDA’s regulations, the Harvard Center for Ethics reports that “even properly prescribed drugs (aside from mis-prescribing, overdosing, or self-prescribing) cause about 1.9 million hospitalizations a year. Another 840,000 hospitalized patients are given drugs that cause serious adverse reactions for a total of 2.74 million serious adverse drug reactions. About 128,000 people die from drugs prescribed to them. This makes prescription drugs a major health risk, ranking 4th with stroke as a leading cause of death.”
Who is liable for prescription drug injuries?
Depending on the cause of the injury, several parties may be liable. If the drug itself is defective, the pharmaceutical company or drug manufacturer may be held liable for injury. In fact, the Harvard report notes that “new prescription drugs have a 1 in 5 chance of causing serious reactions after they have been approved. That is why expert physicians recommend not taking new drugs for at least five years unless patients have first tried better-established options, and have the need to do so.”
Defective drug claims are usually litigated under a theory of products liability. Manufacturers have a duty to avoid harming consumers, whether their product was defectively manufactured, defectively designed or not safe for ordinary use.
If the drugs are improperly prescribed, filled or administered, healthcare providers and pharmacists can be held responsible. This is typically a type of medical malpractice lawsuit, where the plaintiff claims the healthcare provider or pharmacist did not exercise reasonable care (for a person of similar skills and training in a similar situation).
Prescription drug injury statute of limitations
It’s crucial that you call the Law Offices of Tim Misny as soon as you suspect you’re suffering from a prescription drug injury. While products liability suits typically have a two-year time limit to file claims, medical malpractice suits often have just one year. There are exceptions, however, so you need an experienced attorney to review your claim. You may be able to recover damages for medical expenses, lost wages, pain and suffering and more.
Talk to an Columbus personal injury lawyer today
The Law Offices of Tim Misny can help you with your prescription drug injury case. When you’re the victim of negligence or recklessness, I’ll Make Them Pay!® Call my office at (877) 614-9524 so that I can evaluate your case right away.