When consumers take medication, they entrust that it will help them feel better or treat their condition. However, unfortunately, this is not always the case. If you suffered injuries after taking medication, a personal injury attorney could investigate whether a drug manufacturer, designer, or medical professional committed any wrong-doing that led to your harm. Additionally, a Monument dangerous drugs lawyer could help you pursue compensation for your losses.
Drug manufacturers, medical professionals with prescribing authority, laboratories, pharmacies, and hospitals are some of the parties who can be liable in a dangerous drugs lawsuit. Each party’s involvement in how the medication was made, used, prescribed, or dispensed can determine whether they may be responsible for paying damages. For example, drug manufacturers may be liable for defects in the drug’s manufacturing, design, or warning labels.
Prescribing medical professionals may be liable for prescribing an improper dosage and a consumer may file a lawsuit against a pharmacy for filling the wrong medication.
Finally, hospitals may be liable in unsafe medication cases for the improper administration of a drug. A Monument lawyer could assess the situation in a dangerous drugs case to determine if the claimant used the medication at issue correctly, whether there were proper warning labels, or if the pharmaceutical designed an inherently unsafe product.
Injuries resulting from the use of unsafe medications can lead to both economic and noneconomic costs and expenses. Economic damages may involve losses such as hospital bills, therapy costs, and loss of wages. Emotional and mental losses may include loss of enjoyment of life, pain and suffering, and mental distress. A Monument unsafe medications lawyer could evaluate what a case may be worth.
It is important to note that state law places a cap on noneconomic damages. This limit can be increased, however, by a showing of clear and convincing evidence. Additionally, the cap does not apply to compensatory damages regarding physical impairment or disfigurement.
With a few exceptions, a potential claimant must file their dangerous drugs lawsuit within two years of the discovery of their injuries, pursuant to C.R.S §13-80-108
Additionally, when the defendant either misrepresented or fraudulently concealed a drug’s dangerous properties, the claim does not accrue until someone discovers the wrong-doing or reasonably should discovered it.
If an individual fails to meet the statute of limitations for their claim, the court may dismiss their case, and inhibit this person from pursuing compensation. A Monument lawyer dealing with a dangerous drugs matter could help an injured party file their claim in a timely and efficient manner.
A dangerous medication case can become complicated quickly. The number of parties involved, as well as the number of laws and regulations that may apply, can be difficult to sort through. Therefore, you should reach out to a Monument dangerous drugs lawyer if you wish to file a lawsuit against a pharmaceutical company. Schedule a case consultation with one of our attorneys today.