Unsafe Drugs and Pharmaceutical Liability
Nashville-based attorneys at Gilreath & Associates discuss how you can establish liability for defective pharmaceutical drugs
Nearly half of the entire American population has taken at least one prescription drug in the last month according to the CDC. To the pharmaceutical companies who supply these drugs, this statistic means huge dollars signs.
The business of manufacturing and distributing pharmaceutical drugs is a $400 billion per year industry, and with companies scrambling to get the biggest slice of profit they can, it is inevitable that sometimes shortcuts are made and safety testing is rushed.
If you or someone you know sustained personal injury due to pharmaceutical drugs, whether prescription or over-the-counter, it is important to understand your rights and find out if you are entitled to financial compensation for your damages.
It is an unfortunate truth that personal injury cases pertaining to unsafe pharmaceutical practices and faulty drugs have been on the rise in recent years. After this latest meningitis outbreak caused by contaminated steroid injections, which killed nearly 60 people nationwide and 9 in Tennessee, it is clear that pharmaceutical companies need to be held accountable for making shortcuts and exposing patients to dangerous products.
Liability in Pharmaceutical Lawsuits
In most cases where medical injury occurs from a prescribed drug, one of three parties is held accountable for negligence:
- The drug manufacturer. When inadequate testing and research was done before making the drug public, or a company attempts to conceal a drug's dangerous side effects, it may be grounds for a defective products lawsuit.
- The pharmacist. When a prescription is filled with the wrong medication or dosage, a medical malpractice suit may possibly be filed.
- The physician. If a medical professional prescribes the wrong medication or dosage, or prescribes a medication that other professionals would not have, it may lead to a case of medical malpractice.
Filing a Claim
Injury lawsuits involving unsafe drugs or dangerous pharmaceutical practices must be filed within a certain time frame. These limitations vary by state. In Tennessee, patients must give a written notice of their intent to sue within one year from the date of injury - however, exceptions can be made in circumstances where the injury was not discovered until later.
If you delay your claim too long, your case may become ineligible. Also, gathering evidence to prove that a pharmaceutical company or medical professional is at fault is complicated and takes time, which is why it is crucial to contact an experienced Tennessee injury attorney as soon as possible.
Our medical malpractice and defective products lawyers at Gilreath & Associates' offices in Knoxville, Nashville and Memphis will fight for your rights and aggressively defend you from the underhanded tactics of pharmaceutical companies.