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Is My Doctor Or Drug Company At Fault, If I Am Prescribed A Defective Drug



While the question of who is at fault, your doctor or drug manufacturer, may seem like a question of semantics, it is actually an important question that your lawyer will want to answer before even beginning the preparations for your lawsuit. This is because a medical malpractice lawsuit, which you would file against your doctor, and a defective drug lawsuit, which you would file against the drug company, are two completely different creatures. The logic that your lawyer will have to lay out to prove blame will similarly differ.

The Main Difference Between The Two Claims

If your doctor knew or should have known that a drug was defective but prescribed it anyway, then it is a medical malpractice lawsuit. However, if your doctor prescribed the drug before sufficient information about its negative effects had been studied and published, then the pharmaceutical company is at fault for producing and selling a defective drug. If this is the case, you may be advised to join some sort of mass tort legislation. The difference will likely lay with whether or not the doctor should have known of the drug's dangers and defects.

Your Lawyer's Responsibility

Your defective drug lawyer will have her work cut out for her when trying to determine blame for your defective drug prescription. It will involve studying the documentation available to your doctor at the time of the prescription as well as any standards the doctor is required by your state to uphold. Some states require doctors to undergo regular job training to be educated on the latest trends in their field, including information on drugs recently determined to be defective.

Because the effects of a defective drug may not be visible until years after its prescription, what may seem obvious now may not have been obvious several years ago. On the other hand, medical publications often predate public knowledge, and it may be an act of negligence that your doctor prescribed defective pharmaceutical treatment.

Your Part In The Trial

Don't worry if this seems really difficult to understand! You will get your settlement if either party is found to be at fault. But the more airtight the statement of fault, the more likely you will win it at all. Your job, therefore, is to avoid attempting to lay blame where it might seem that it should go at first glance. Understand that it is not easy to unravel the logic, and let your lawyer do her job.