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Chihak & Associates
  • Home
  • Attorneys
    • Cynthia Chihak
    • Robert “Bob” Frank
    • C. Nikki Morris
    • Charles E. Moore
    • John A. Hammerstrand
  • Practice Areas
    • Medical Malpractice
    • Personal Injury
  • Recent cases
  • In The News
  • Articles
  • Blog
  • Contact
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858-481-7252

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Can you pursue legal action for an adverse drug effect?

On Behalf of Chihak & Associates | Jan 20, 2021 | Medication Errors

Drug companies and manufactures ought to develop and sell safe medication. The federal government has also put laws and organizations into place to ensure that all medical products produced in the country are safe for consumption. California, among other states, also has state laws to hold drug manufacturers liable when they cause adverse effects on the users. Although all these regulations have been set, unsafe medications always reach the public. They often affect users negatively.

Main side effects of unsafe medications

Side effects are negative problems that come as a result of using prescribed medication. Although side effects can manifest in anyone, their effects vary within the victims. The effects range from dry mouth to damage in the internal organs.

Side effects that result in lawsuits

The Food and Drug Administration (FDA) is the major governing body that ensures all prescription drugs are safe and approved for use in the United States. Even if the FDA has approved a drug, the manufacturer could still be liable for any adverse side effects. The pharmaceutical company could be responsible if the side effects are not included in patient instructions. The most common effects that have led to lawsuits include:

  • Heart problems: You can file a lawsuit when you are prescribed medication that results in cardiovascular problems. Apart from high blood pressure, you could also sue for heart attack, blood clots and heart failure.
  • Suicidal thoughts: According to research, some medications result in suicidal thoughts. Most of these drugs include painkillers and antidepressants.
  • Liver damage: Prescription drugs, when misused–whether as a result of medical malpractice or abuse–can lead to liver damage. Although it’s mostly unnoticeable, it can come with other, more significant, problems.
  • Death: If you die from prescribed medicine, your family can sue for wrongful death.

If you’ve suffered an injury as the result of medical malpractice, a lawyer may be able to help gather the necessary materials to file a suit against the responsible party.

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