Proving Liability in A Defective Drugs Claim

Prescription drugs are designed to make those who will be taking it well. The fact that doctors and other medical personnel prescribe them and affix their signature simply means that they are safe to use. Unfortunately, this has not been happening. Rather than make them well, some drugs are doing the opposite. This can put the patient in grave danger as they could suffer from complications which can cause their death.

It is the duty of drug manufacturers to ensure the safety of their medicines. The Food and Drug Administration (FDA) regulates these drugs before sending them out to the market.But some manfacturers fail on this aspect and market their products even if they had not been adequately tested. Likewise, they do not provide patients with the proper alerts and warnings resulting to injuries or even death. For this reason, the patient or their representative are entitled to file a claim and receive compensation.
There are three ways that a drug can be considered defective and if the patient is able to prove such then they are eligible to receive compensation. Here are the ways a drug can be defective:

1. Defective Design. A drug can be dangerous because of its design. This could result to injuries to the person taking it and hence can make the manufacturer liable for whatever injuires the patient will incur.

2. Defective Manufacturing. The drug may be have been deemed safe but somewhere along the manufacturing phase someone may have modified or altered a step which was not recognized by the quality control causing it to be defective upon its entry in the market.

3. Defective Marketing or Failure to Warn . If the manufacturer did not give any warning about any defects or side effects of the drug, it is defective and may make the manufacturer of the product liable.

The plaintiff would have to prove in court that the defendant erred in one of the three ways and that defects in the product caused injury. According to the website of the Law Offices of Yvonne M. Fraser, if successful, you would receive compensation for lost wages, medical bills, or other out-of-the-pocket expenses.

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