What Should You Do if You Have Been Harmed by a Defective Drug?
Written by AskTheLawyers.com™
Written by AskTheLawyers.com™
Defective pharmaceuticals are an unfortunately common issue. If you or a loved one take any kind of medication regularly, it’s a good idea to know what to do if you find yourself harmed by a defective drug. Both prescription and over-the-counter drugs can be found to be defective, and the negative ramifications may vary depending on the frequency of use of that product.
If you suspect you may have been harmed by a defective drug, there are a series of steps you can take, including:
- Contact your doctor and cease use. Continuing to use a harmful drug could cause the injury to worsen. That being said, it’s important to consult your doctor before stopping any medication you have been taking consistently.
- Save the medication. Unlike when changing medications or throwing out expired medicine, you will want to save the medicine you suspect is defective. Place the medication in a plastic container or sealed bag and put it somewhere safe. This may later need to be professionally analyzed for harmful toxins and serve as evidence if a defective product case becomes necessary.
- Seek medical attention. Visit your doctor as soon as possible or seek emergency medical care if necessary. Discuss your concerns regarding the drug and describe the symptoms you have felt which lead you to believe the drug may be defective.
- Collect evidence. It’s important to retain any instructional material and packaging which accompanied the medication. Additionally, if the injury caused by a defective is visible (i.e. discoloration of skin, swelling, etc.), take pictures for a doctor and legal professional to refer back to. Additionally, request a copy of your medical record after seeking treatment for the effects of the drug. Save all of this and any other pertinent evidence in a safe place where it cannot be lost or destroyed.
- Research. Do a little research into the drug, and see if anyone else has reported similar problems. If a drug has proven to be defective on a widespread scale, it may be possible that a class action lawsuit is already in the works. If this is the case, you may be eligible to join the class and receive compensation if successful.
- Contact a product defect attorney. Due to the technical and scientific nature of pharmaceuticals, it will likely be necessary to involve an experienced product defect attorney. These attorneys can help identify potential defects with the help of their network of expert resources, as well as identify damages you might potentially be compensated for in a successful claim. While hiring an attorney may sound financially out of reach, it may help to note that most product defect attorneys work on a contingency fee basis, which means you won’t have to pay unless they win.
To learn more about what steps you can take if you suspect you have suffered from a defective drug, reach out to a product defect attorney. These attorneys offer free consultations and can help evaluate your situation and create a game plan for both your physical and financial recovery.