Medication plays an essential role in the healthcare system. Despite being designed to improve patient health, some drugs are hazardous if administered alongside other medications, resulting in severe side effects or even death.
If someone suffers from injuries or illness due to a bad drug interaction, they may be entitled to legal compensation. Depending on the circumstances, liability can lie with different sources.
If the drug causes a bad interaction because of manufacturing defects, the manufacturer may be at fault. However, if medication is wrongly prescribed, the medical professional responsible may be held accountable.
Bad Drug Interaction Liability
It’s estimated that up to 7% of hospitalizations are drug-related. While manufacturers are primarily responsible for producing safe and effective drugs, they are not always to blame for harmful interactions. The likelihood of bad drug interactions increases with the number of medications you take.
While manufacturing errors can lead to a dangerous batch of drugs, patients who fail to disclose their regular medications to pharmacists are often at fault for their own bad interactions.
However, if your doctor didn’t disclose important information about the medication they prescribed and that caused a bad reaction, they failed in their duty to provide an acceptable standard of care. When a medical professional fails to deliver the required standard of care, this constitutes negligence in a malpractice lawsuit.
Medical provider liability:
While the Indiana State Department of Health has reduced errors through its improved reporting system, medication errors and negligence still occur. Doctors and medical professionals occasionally prescribe the wrong medication and incorrect dosages, leading to injury and illness.
They may also fail to recognize potentially harmful drug interactions. Healthcare professionals are obliged to make certain that the drugs they prescribe won’t negatively impact the patient’s health based on the medications they already take. Failing to do so breaches the standard of care, making them liable for a bad drug interaction.
Pharmacist liability:
Pharmacy mistakes often cause bad drug interactions. Common errors include giving patients incorrect medication, providing the wrong dosage, or giving incorrect instructions for use. If these errors result in a bad drug interaction, the pharmacist may be liable.
However, as a medication dispenser, the pharmacist isn’t responsible for prescribing incorrect medication. The issuing doctor is accountable if the error lies with the type or amount of drugs prescribed.
Who is Liable for a Defective Medication?
Defective drugs can cause or contribute to a bad interaction. Defective drugs typically arise in one of two ways:
- Manufacturing defect: Manufacturing defects refer to production issues that may have occurred during the manufacturing process. For example, a batch of medication could have been unknowingly made with a contaminated ingredient. Additionally, drug testing laboratories can make errors, leading to the unsafe production of drugs. If negligence or a mistake from a testing lab contributes to injury or illness to the public, they may be liable
- Marketing defect: If branded pharmaceutical drugs do not have appropriate instructions or warnings, they may have a marketing defect. For example, unsafe drugs to take during pregnancy should be labeled accordingly. If a manufacturer fails to provide this information, they may be held accountable.
Depending on the source of the defect, liability differs. All parties involved in the distribution chain may be liable in a bad drug interaction case from the manufacturer to the retail distributor. An experienced defective drug attorney can help determine who is liable for your damages.
Recovering Damages for Your Bad Drug Interaction
In Indiana, plaintiffs are entitled to economic and non-economic damages for personal injury and medical malpractice. If you’re considering filing a pharmaceutical liability or a defective drug lawsuit, call the experienced defective drug and medical device attorneys at Wagner Reese.
We can help you gather the evidence and reports to determine whether you have grounds for a claim. We offer support, counsel, and legal representation throughout the claims process, helping you recover the compensation you deserve.
Get Your Free Consultation from Wagner Reese
If you’ve suffered a bad interaction with drugs due to a prescribing doctor or pharmacist’s negligence, seek legal representation from a skilled medical malpractice attorney immediately.
One of the experienced malpractice attorneys at our law firm can help you build a case and get the compensation you’re entitled to. At Wagner Reese, we use our experience, knowledge, and professional network to offer outstanding legal representation and aggressively fight for the justice you deserve.
Your Wagner Reese attorney can negotiate with the potentially liable parties or their insurance companies on your behalf to help secure damages. If your case does go to trial, we will represent you in court. Our “no win, no pay” policy means there is no risk to you because you don’t pay any legal fees unless we secure a settlement.
Fill out and submit our online contact form to arrange a free consultation to discuss the merits of your case and learn your next legal steps.
