Injuries from Drug Interactions

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Injuries from Drug Interactions

A defective product is any product such as medication that causes injury to a person because of faulty labeling, design defect, or manufacturing defect. A plaintiff who suffers injuries from drug interactions can sue the manufacturer of that drug if the injury was caused by a defective product, such as the wrong mixture of ingredients in the pill or an inadequate warning for drug reactions and side effects. Injuries resulting from a drug interaction may also fall under medical malpractice.

What Is a Contraindication?

A contraindication is a factor that normally prohibits a surgery, drug, or procedure from being used to treat the patient because, otherwise, it will be harmful to the patient. This factor can be the existence of a medical condition such as high blood pressure or the taking of a current prescribed medication.

What Is Medical Malpractice?

Medical malpractice is when a medical professional provides substandard care to a patient. All medical professionals such as pharmacist are supposed to provide similar or same medical care as a professional of reasonable skill. When a medical professional provides substandard care, it is referred to as negligence.

Is Pharmacist Malpractice the Same as Medical Malpractice?

Yes. Pharmacist malpractice occurs when a pharmacist fails to exercise reasonable care when dealing with a patient. For example, a pharmacist fulfills two separate prescriptions for a patient from two different doctors. The pharmacist is supposed to check for any drug interactions. If they fail to do so, and the patient suffers a preventable injury such as a stroke because of the negative interaction between the two drugs, the pharmacists has committed malpractice and may be sued for damages.

How Does Medical Malpractice Pertain to Drug Interaction Injuries?

To receive damages, or money, a plaintiff must show negligence on the part of the pharmacist or other medical professional. Medical malpractice has elements required for the plaintiff to be successful:

  1. Duty of care: The medical professional had a duty not to injury the plaintiff.
  2. Breach of care: The medical professional breached the duty through their actions.
  3. Causation: The medical professional was the direct or indirect cause of the plaintiff’s injury.
  4. Damages: The plaintiff suffered actual injuries as a result.

Do I Need a Lawyer to Sue for Injuries from Drug Interactions?

If you were harmed because of a drug interaction that was not your fault, contact a personal injury lawyer. A lawyer will explain your legal rights and file any lawsuit on your behalf.

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Last Modified: 10-13-2015 07:56 PM PDT

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