Defective Drug Lawsuit Protects You From Manufacturer Negligence in Atlanta
A car accident or motorcycle accident often comes to mind when the term ‘personal injury claim’ is mentioned. A personal injury claim allows an injured victim to sue the at-fault party for any accident-related expenses he or she sustained. Personal injury is a broad category of the law, however, and it includes other types of accidents such as medical malpractice, swimming pool accidents, and defective product claims. For any kind of accident that causes injuries, an Atlanta personal injury lawyer can help the victim file a claim and receive the compensation that he or she deserves.What is a Defective Drug in Atlanta?
A defective drug is a prescription or over-the-counter (OTC) medication that causes emotional, physical and/or psychological injury. All OTC and prescription medications have some side effects along with the cure or treatment they provide. The side effects may range from drowsiness to vomiting.
However, a drug manufacturer is strictly responsible for placing medications on the market that do not cause an unintended injury. If the manufacturer does place a defective drug into the market, an injured victim can file a defective drug personal injury claim.Types of Defective Drug Claims
An Atlanta personal injury lawyer must have grounds to sue a drug maker for any bad drugs. State law lists three grounds for a defective drug claim: insufficient warnings, incomplete labeling, or defect in the drug.
Insufficient warnings involve the drug maker not properly informing the people taking the drug about the drug’s side effects. For instance, a drug may cause death in some patients. However, if the drug maker does not inform patients about this danger, that is a failure to warn, also called insufficient warning.
Incomplete labeling occurs when the drug manufacturer does not properly label the drug to inform patients about the drug’s uses. For instance, the drug may not be taken with other certain drugs. If this occurs, the patient may develop cancer. If a drug maker fails to provide complete labeling, it can be strictly liable for any injuries that result.
The third category is called a defect in the drug. The defect occurs at some point in the creation of the drug. It could have been in the development phase of the product or the actually manufacturing of the drug. At some point the drug becomes too harmful for public consumption.Proving Each Element of a Defective Drug Case in Atlanta
A personal injury attorney serving Atlanta has the task of proving that a client was injured because of a defective drug. Every plaintiff’s attorney must use the following elements to prove a personal injury case:
- The plaintiff was injured or suffered some kind of loss because of the defective drug
- The drug they took was defective
- That defect in the drug caused the plaintiff’s injury
- The plaintiff used the defective drug as intended
If you sustain an injury because of a defective drug, you deserve to be compensated. The court may award you damages to pay your defective drug-related expenses. These expenses include medical bills, lost wages, and decreased earning capacity. If your loved one died because of a defective drug, a personal injury attorney in Atlanta can also help you obtain compensation in a wrongful death claim. Contact us immediately.