Fort Lauderdale Dangerous Pharmaceuticals Attorney
Prescription drugs are often very effective in relieving pain and prolonging life. They can also be very dangerous and even fatal if they are not administered correctly. It is shockingly common for medication errors to occur.
Before a patient gets their prescription drugs, many people have to be involved. Sometimes, a doctor or another medical professional makes an error. Sometimes, a pharmacist may make a mistake when filling or dispensing a prescription. Retail chain pharmacies and prescription mail-order firms are both susceptible to mistakes.
Our doctors recommend that we take medication, we then entrust our health and wellbeing to the pharmaceutical companies and their products. Pharmaceutical errors and dangerous drugs are common problems. This means that drugs can cause severe injury or even death.
Fort Lauderdale lawyers can help you fight for your rights if dangerous medications or a pharmaceutical error has injured you.
What is a Pharmaceutical Injury?
The body’s chemical balance is altered when we take medication. The pharmacist, doctor, and patient must fully understand the benefits and risks of taking medicine.
These injuries can be psychological, emotional, or physical. The damage could be caused by prescription or over-the-counter drugs. Pharmaceutical injuries can occur when a patient is prescribed the wrong medication, takes the wrong dosage, or has a defective drug. Even minor errors can have serious consequences. A National Institutes of Health survey found that medication errors cause approximately 1.5 million deaths yearly.
There are many ways that medication injuries can happen, including:
- Drugs that have manufacturing defects. Drugs can become corrupted in production, at the pharmacy, or while being shipped.
- Side effects of pharmaceutical drugs can be dangerous. Even properly manufactured medications can cause side effects that pose a risk of injury. Drug companies sometimes try to avoid listing severe side effects on drug labels or instructions because they fear people won’t use them. Patients and doctors may look for a medication with the same benefits but less risky if there are any severe side effects. Failure to warn is a financial incentive. Sometimes, side effects are discovered long before the drug is on the market.
- Marketers of pharmaceutical drugs who are not properly licensed. Medication instructions, warnings, and recommendations must be followed. This information is crucial for patients and physicians when making health decisions. Incorrect or inadequate information can cause injuries like an overdose or fatal side effects.
- Prescription errors. The Food and Drug Administration reviews reports of medication errors from drug manufacturers and MedWatch. The FDA states that 41 percent of all fatal medication errors are due to incorrect dosage. Sixteen percent of medication mistakes were caused by prescribing the wrong medication or using an incorrect method of administration.
What are the most dangerous drugs currently on the market?
The number of pharmaceutical companies trying to create miracle drugs that can solve even the smallest health problems is increasing. Most often, opioids such as codeine and morphine are prescribed as pain relievers. Although these drugs are effective for treating severe pain on a short-term basis, they can also be addictive and lead to dependency.
Common dangerous drugs include:
- OxyContin. This painkiller can be addictive and easy to abuse.
- Vioxx.
- Paxil. This medication was prescribed by doctors to treat depression and obsessive-compulsive disorder. However, research has shown that it can cause an increase in suicide rates among children.
- Baycol was meant to lower cholesterol levels and decrease the risk of heart attacks. Before the FDA pulled it from the marketplace, Baycol caused the death of nearly 100 people.
- Ambien, a sedative, is often prescribed for insomnia. Ambien can also cause sleepwalking and slowed breathing, both side effects.
- Hormonal birth control. Certain birth control pills can increase the risk of blood clots in women who use them.
- Selective serotonin reuptake inhibitions (SSRIs) treat various psychological disorders, including anxiety, depression, bipolar disorder, and panic disorder. Some patients may experience suicidal thoughts or behaviors.
Who is liable for a Fort Lauderdale drug injury?
Any point in the chain from the manufacturer to the consumer of a drug may be considered responsible.
Parties liable can include:
- The drug manufacturer. If drug testing and research are flawed, or the company attempts to conceal dangerous side effects, the manufacturer could be held responsible. These situations could lead to a lawsuit for defective products.
- The prescribing doctor. The physician who prescribed the incorrect drug to the patient, the wrong dosage, or failed to take into account drug interactions may be subject to medical malpractice claims.
- Representatives from pharmaceutical sales. Meeting with physicians and other medical professionals to promote the sale of the latest drug or make recommendations about its use is a common practice for pharmaceutical sales representatives.
- The pharmacist. If a pharmacist fills a prescription with an incorrect medication or dosage, they may be liable. This could be grounds for a medical malpractice suit.
- Hospitals.
- Independent testing laboratories.
A common cause of a pharmaceutical injury is when the wrong medication is prescribed, or the wrong medication is given. In 70 percent of all cases arising out of pharmaceutical negligence or malpractice, errors in judgment (also known as cognitive error) were involved. Another cause is a “failure to vigilance.”
These cognitive factors can contribute to the development of pharmaceutical injuries.
- Inadequacy in technical competence
- Inadequate knowledge regarding a medication
- Memory loss (by a prescriber or healthcare provider who supplies medication to a patient);
- Poor teamwork among healthcare providers who are responsible for patient care;
- Failure of technology
What is the statute of limitations for Fort Lauderdale’s pharmaceutical injury?
The statute of limitations must be followed. If an injured party fails to file a suit within the deadline, they may lose their right to sue. Each state has its own time limit for filing claims against dangerous drug manufacturers. In Florida, pharmacists are considered “learned professionals.” This means that they have advanced scientific knowledge. The two-year statute of limitations applies to claims against pharmacists. The statute of limitations in product liability cases is usually four years.
It is best to speak with an attorney immediately if you suspect you might have a case.
What compensation is available for Fort Lauderdale’s pharmaceutical injuries?
Past and future medical expenses, lost earnings and enjoyment, pain, and suffering, loss of consortium, and a diminished standard of living are just some of the damages that a plaintiff could recover. A wrongful death lawsuit may be filed by the loved ones of a deceased patient if a drug error harms them.
