Bellevue Dangerous Drugs Lawyer

New types of prescription medication are being developed to treat a host of medical issues, which is great news for those who need them. The problem is the speed at which these drugs are being put on the market. Consumers often experience negative undisclosed side effects from taking under-researched drugs, some of which can be life-threatening or even fatal to the user.

If you suffered injuries as a result of a dangerous drug that was prescribed to you by a negligent healthcare provider or manufacturer, a persistent personal injury attorney may be able to pursue compensation on your behalf. A skilled Bellevue dangerous drugs lawyer from Inkelaar Law could help protect your legal rights by fighting to hold the responsible parties accountable for their actions.

Determining Liability for Dangerous Drug Lawsuits

For most prescription drugs, there is often a “learned intermediary” between the user and the healthcare provider. This may be the doctor who prescribes the medication, a nurse who explains how to use the drug, or the pharmacist who fills the prescription. Considering this, the lines of liability are often blurry and may require an experienced dangerous drugs attorney in Bellevue to determine who may be at fault for resulting injuries.

Certain types of drugs are labeled as “unavoidably unsafe” products, which means that they cannot be produced to be entirely safe no matter how careful the manufacturers are. If such drugs are adequately manufactured and accompanied by warning labels detailing potential adverse effects, they may not form the basis of a products liability lawsuit.

Conversely, if a physician administers a controlled substance when another type of treatment is available that would not have caused harm to the patient, that healthcare provider may be liable for damages according to Nebraska Revised Statutes §28-414. A dangerous drugs lawyer in Bellevue could help you seek out whether such a treatment may have been available for them and determine whether their physician acted negligently in not providing it as one of your options.

The Duties of Drug Manufacturers to Warn Users

A drug manufacturer has a duty to warn any potential users of adverse or side effects when they are understood to occur. However, the drug manufacturer is not expected to warn the patient of unknown dangers. Often, the manufacturer may discharge this duty by providing the necessary information to the physician or pharmacist.

Since they are generally considered experts in their field, drug manufacturers have a continuing duty to learn about new drugs and take all reasonable steps to update healthcare providers on any potential adverse effects. However, there is no duty to warn of possible reactions in unusually susceptible patients. If a reaction is considered “unlikely”, it does not mean the drug manufacturer has no duty to warn about it or that the patient experiencing the reaction is unusually susceptible.

In certain drug-related cases, the injured plaintiff may not be able to identify the manufacturer or supplier of the defective product. The time may have elapsed to the point that evidence is no longer available, such as in cases involving pregnant women ingesting certain drugs at the time of pregnancy. In those cases, the damages may not be apparent until the child grows older.

Contacting a Bellevue Dangerous Drugs Attorney

If your family experiences pain and suffering that was caused by a dangerous drug that was rushed to the market, a successful lawsuit may grant you peace of mind and provide you with compensation for ongoing medical bills and treatment costs, loss of wages, and non-economic damages.

When negligent mistakes are made and people are harmed as a result, victims may have a legal right to file a claim against the manufacturer of the drug. A skilled Bellevue dangerous drugs lawyer could determine whether filing a lawsuit is in your best interest and walk you through the legal process. Call Inkelaar Law today to find out what your options for filing suit may be.