Birmingham Dangerous Drugs & Medical Devices Attorney
Many of us take medications or use medical devices to help treat certain health conditions.
We trust our doctors and expect that these drugs and devices will work effectively and safely. Unfortunately, that is not always the case.
Every medication comes with side effects, but some are more severe than others. Medical devices can also cause unexpected harm. They may come loose from inside the body and cause organ damage and other injuries. They can also cause serious illnesses.
It can be devastating when something that you expect to improve your health actually causes the opposite effect. If you have been injured by a dangerous medication or device, seek legal help from a Birmingham dangerous drugs attorney who can help you get justice.
How Drugs and Medical Devices Can Be Dangerous
Not all drugs and medical devices are dangerous, but when they are, it is often due to one of the following issues:
- Prescription errors. Even a properly tested medication can cause harm if it is the wrong dose and given to the wrong person. It is essential that manufacturers give doctors and pharmacists proper guidance about drugs.
- Side effects. Side effects occur with virtually every drug. However, they must be listed and explained clearly to patients so they can take appropriate risks. A patient may choose not to use a medication with severe risks.
- Testing and approval. Drugs need to undergo extensive testing and receive approval by government agencies before they can be sold to consumers. If the medication is not thoroughly tested, serious risks may be overlooked and the consumers will be affected.
- Manufacturing and distribution. Drug manufacturing requires expert-level precision and quality control. Medications must have precise formulations and be properly stored and shipped. Otherwise, they can become contaminated and cause serious injuries to patients.
Who is Liable?
If a drug or medical device is considered dangerous, the manufacturer can be held liable under strict liability law. This means that the company can be held liable for any damages, regardless of their intent. It does not need to be proven that the manufacturer was negligent or acted recklessly.
However, to prove strict liability, three elements must be proven:
- The defect was unreasonably dangerous.
- The defect existed after leaving the manufacturer.
- The defect caused a patient to suffer injury.
Contact a Birmingham Dangerous Drugs & Medical Devices Lawyer Today
Medications and medical devices are not always safe. While manufacturers generally have good intentions, sometimes their products do not work as intended, causing medical conditions, injuries, and even death.
If you or a loved one has been affected by a dangerous drug or medical device, you need to seek legal help right away, The Birmingham personal injury lawyers at Goldasich, Vick & Fulk can hold the manufacturer liable for your damages. Let us help you get the compensation you deserve for your injuries. Call (205) 731-2566 to schedule a free consultation today.