December 05, 2022 | Publications

Defective Drugs in New York: How Do They Relate to Medical Malpractice?

When you are given a prescription by your doctor, any patient assumes that the medication is accurate, will work, and is the appropriate treatment for whatever health issues you may be experiencing. What you do not think about is defective drugs and how they can adversely impact your health. 

There are cases where you can recover from the damages, but there are some that suffer permanent damage. If you or a loved one has experienced health issues and permanent damage due to defective drugs, contact the Karasik Law Group today for a medical malpractice attorney to take your case.

What Are Defective Drugs?

When you are given a defective drug, it is labeled as such because it does not work as it is prescribed. While all prescription drugs come with side effects that you should be prepared for, defective drugs are not performing and interacting with the body as claimed by the manufacturers. Unfortunately, there are often too many cases and symptoms of patients taking these drugs and experiencing the defects before it is caught and pulled from the shelves.

Medical Malpractice Related to Defective Drugs

If you do a quick search for recent cases of defective drugs, you will find the following cases to reference:

  • Accutane
  • Zantac
  • Mirena
  • Abilify

These are all name-brand prescription drugs that are supposed to treat different symptoms like heartburn and even birth control. Many of these medications have been on the market for years and prescribed to thousands of patients. Recent studies have shown in these cases that the medicine is either not working as it is advertised by not performing at all or causing significant damage when taken.

Liability for Defective Drugs

When it is time to claim responsibility, the liability factor can be difficult, and this is where many patients find themselves with issues in their defective drug lawsuit. While many doctors prescribed the drugs, reviewing the studies and determining that they were safe for their patients, these doctors were also under the same impression as the patient that they would work as intended.

Also, the manufacturer has some liability as they made the initial claim and performed the clinical trials related to these drugs to determine that they would be safe for consumption. The liability factor can lie in both patients, but it isn’t with the patient directly, who relies on their primary care physician to review and determine what is safe to take.

Filing a Claim for Defective Drugs

Once you have determined you have been prescribed a defective drug and need to make a claim because of complications, you will find that this process is also tedious and can be overwhelming. It is where you need the assistance of a medical malpractice attorney who understands how cases on defective drugs work and where to make a claim for the defective drug lawsuit.

Based on what you have suffered physically and the damage to you and your family, you are entitled to compensation and finding some sort of peace in a difficult situation. 

Some victims of defective drugs have experienced permanent damage like becoming sterile or long-term effects on their hormonal system. Unfortunately, the worst cases have resulted in death, and now the family that is left behind is attempting to pick up the pieces and receive justice for what happened to their family.

Want a Free Malpractice Lawyer Consultation?

Defective drugs are a component of medical malpractice and can be considered negligence by your physician and other medical staff.

If you need assistance with a defective drug lawsuit, look no further than Karasik Law group today. We offer a malpractice lawyer free consultation to review the case and assist you with your lawsuit moving forward.

When you seek out a law firm for your case, you are looking for personal injury attorneys who have experience specifically with medical malpractice, as it is one of the major areas of personal injury. It is essential that this lawyer has resources in the medical industry and is able to properly assist you with filing your claim and getting your voice heard. Contact us today for more information and get your case started with a leading medical malpractice attorney today.