Drug Injury

Serving Daytona, Deltona and Palm Coast

(updated 2/22/2017)

Pharmaceutical drugs are an essential part of modern medicine, and they undoubtedly have a positive impact for many people in terms of their health and on the quality of their lives. Unfortunately, these drugs also have the potential to cause serious harm if they are somehow defective or improperly administered. When people seek medical treatment, they have the right to expect that the treatment they receive will make them better, not worse. Thousands of people each year are injured by pharmaceutical drugs, sometimes seriously.

 Fortunately, Florida tort law allows people who are injured by pharmaceutical drugs to recover financial compensation for their injuries. While a settlement or award cannot turn back the clock, it can certainly help victims and their families obtain peace of mind and ensure that their losses are fairly compensated.  As a result, anyone who has sustained an injury caused by a pharmaceutical drug should be certain to discuss their case with an experienced personal injury attorney as soon as possible.

Injuries Caused by Defective Drugs

As with any consumer product, manufacturers of pharmaceutical drugs have a responsibility to ensure that the products that they deliver to the market are safe to be used as intended. When this does not occur, victims may be able to sue drug manufacturers for their losses. There are three main ways that a drug can be defective and cause injury:

  • Defective manufacture – These types of claims arise when a drug has been improperly manufactured or tainted in some way. Examples of defective manufacture can include improper formulations of a drug or the addition or exclusion of certain compounds.
  • Dangerous side effects – Cases involving dangerous side effects may not come to light for some time. They involve situations where a drug is properly manufactured, but their use exposes consumers to risks of which they were unaware and the manufacturer should have known about.
  • Improper marketing – Consumers have a right to know about the risks associated with the use of a certain product. Cases regarding the improper marketing of pharmaceutical drugs often involve claims that consumers were not adequately warned about certain side effects or that there were inadequate instructions as to how to safely and appropriately use a particular drug.

There are many potential parties that could be liable in a defective drug case, including manufacturers, physicians, medical staff, and pharmacists. The most reliable way to determine whether you have a claim is to discuss your situation with an attorney as soon as possible.

Drug Errors

Another potential way that people can be harmed by pharmaceutical drugs is if there is an error made in the prescribing or administering of a drug. Examples include physicians prescribing an improper dosage, a nurse administering the wrong drug, a pharmacist mixing up a prescription, or the failure to recognize a drug interaction on the part of a medical professional. 

These kinds of errors may constitute medical malpractice, potentially allowing victims to recover for any economic or non-economic losses they may have sustained.  Discussing your case with an experienced attorney is the best way to ensure that you receive the compensation to which you are entitled.  You can call us at (386) 777-7777 or fill out our online contact form below for a free case evaluation.

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