If you are sick or in pain, there are chances that your doctor will prescribe you to go to your local pharmacy in order to pick up some medications. Generally, people do not ask any questions because they think that a doctor is an instructed professional and we should follow his or her prescriptions. However, the market is full of defective drugs which cause a variety of health problems, such as heart stroke, liver problems, and even death. Thus, what to do if you or a loved one have faced a California Pharmaceutical Malpractice case?
What is a California Pharmaceutical Litigation?
Pharmaceutical malpractice (or pharmaceutical liability) occurs if a legal drug causes personal injury or even wrongful death.
The U.S. Food and Drug Administration (FDA) has adopted special safety regulations for drug companies and they must abide them. However, it can occur that drug companies violate these norms and produce or distribute dangerous drugs. In this case, they can be liable for pharmaceutical malpractice.
Generally, pharmaceutical malpractice can result from:
- Manufacturing mistakes,
- Violations of the FDA regulations by the pharmacy, such as incorrect dosage or giving you the wrong medication,
- Your prescription is not compatible with already prescribed medication and it causes you to be injured.
Moreover, in today’s life full of stress and nervous factors, antidepressants and anticonvulsants may also become the most dangerous drugs and if they are false it means that you can get even adverse side effects. Especially, it is important to consult your physician before using these drugs if you are pregnant in order to evade problems which can occur in the future with a fetus.
Taking into consideration the aforementioned causes of pharmaceutical malpractice, the defendant may file the lawsuit on the basis of the following factors:
- Product failure,
- Drug recalls,
- Long-term negative effects of the prescribed drugs.
There are a variety of persons who breach the FDA regulations and who earn money ahead of consumers’ safety. Mainly, persons who are responsible for breaching medications quality are the following:
- Manufacturers of pharmaceutical products(including, medical devices and dietary or herbal products manufacturers),
- Distributors and retailers of the medications,
- Your California-based pharmacy.
What Kind of Compensation You Can Get if You Suffered a Pharmaceutical Malpractice in California
If you have been involved in the unfortunate circumstances and suffered from pharmaceutical malpractice in California, you have a right to recover compensation for your losses incurred due to the negligence of a liable person, such as:
- Loss of wages(including any reduction in the ability to earn money);
- Medical treatment (both current and future);
- Punitive damages.