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Who is liable for injuries due to prescriptions?

by | Nov 7, 2018 | Products Liability |

Prescription drugs are popular treatment options for many patients in Texas, but they are accompanied by a variety of side effects. Some drugs are also contraindicated for certain conditions or with other medications or supplements. When patients are injured in one way or the other, or if they have a bad reaction, due to a prescription is anyone liable? This depends on the specific situation and who was negligent in the process.

According to FindLaw, pharmaceutical drugs are commonly blamed in a number of products liability cases. Sometimes it is because the medication itself is found to be defective, in which case the manufacturer may be found liable. However, there are many lawsuits in which another party’s negligence is the cause of a patient’s injury. Other options include:

  • The prescribing healthcare provider
  • The pharmacist
  • The person who gave proper-use instructions 

Although the drug manufacturer is responsible to disclose a medication’s side effects, the New England Journal of Medicine reports that an exhaustive list of negative effects is often just given to the ones prescribing the medication. This means it is up to the doctor or physician assistant to communicate this information to the patient, which may not always happen.

There are circumstances in which the drug makers are found to make misleading statements. This is especially true in the case of opioid medications, in which companies did not divulge how addicting they were or even making false representations.

Anyone who has suffered an injury from a prescription should speak with an attorney. A professional can delve deeper into the situation and determine who is liable for damages.