Atlanta Defective Drug Lawyer
Pharmaceutical drugs are a crucial part of a patient’s treatment. It’s normal to rely on them to feel better, as they’re supposed to fix or mitigate the effects of health conditions. Drugs go through extensive testing regimes so manufacturers can make sure that they’ll have a positive effect on most customers.
Unfortunately, there are cases where all these precautions are not enough. Even with strict safety standards to follow, it’s possible for drugs to fail or work in ways they’re not supposed to. When this unfortunate event takes place, you may experience severe injuries, unexpected side effects, and a lowered quality of life.
If you’ve been the victim of a manufacturer’s inattention or negligence, you should file a product liability claim as soon as possible. An Atlanta defective drug lawyer can help you receive the money you deserve. If you’re unsure where to begin, the lawyers at Fischer Redavid PLLC are here to help.
What Is a Product Liability Claim?
A product liability claim is a formal written request where you ask for compensation based on the damages you suffered because of a defective product. In this case, that product is a pharmaceutical drug. Georgia’s legal system holds liable parties responsible for their actions when they fail to meet a basic standard of care.
Manufacturers have a legal obligation to keep their customers safe. When this doesn’t happen, it means they didn’t respect safety standards, or a batch of products was damaged during distribution and selling. A product liability claim involving a drug is a type of personal injury claim.
What Happens if No One Was Negligent?
Proving negligence is usually needed to have a successful personal injury claim, but a defective product is different. In most states, product liability claims are usually considered under a strict liability standard.
This means that the outcome of your case won’t be decided by the intentions of potential defendants. You are entitled to all damages even if manufacturers were not aware of the defect. In these cases, you simply need to prove that your injuries or illness were caused by the defective drug.
Their actions won’t be compared to what a reasonable person in a similar situation would have done, as they’ll always be considered liable for a consumer’s injuries.
Who Can Be Held Liable for a Defective Drug?
When you’re filing a product liability claim, it’s important to identify all potential defendants. When a defective drug is behind your injuries, everyone involved in the chain of distribution can be held liable. In certain situations, you won’t be filing a claim against a single individual, but against the entire company that put a defective drug on the market.
The entities that can be considered responsible for a defective drug don’t stop at a single individual, as seen below:
- Manufacturers – Pharmaceutical manufacturers are the ones responsible for a patient’s safety. They take care of developing new drugs and putting them on the market, and they’re required to take every single scenario, even the most improbable one, into consideration. Large companies should never take shortcuts.
- Testing Facilities – Your claim should consider that a testing facility’s staff may have been negligent or didn’t follow security protocols. This can lead to a defective drug that was sold and used.
- Healthcare Professionals – Doctors have a legal duty to act within a reasonable standard of care. They’re required by law to inform their patients of eventual side effects they’ll experience during a specific treatment. Failure to warn or not providing adequate instructions makes them responsible for what happened. They’re also considered part of the chain of distribution.
- Pharmacy and Drugstore – This is the last and one of the most important parts of the chain of distribution, as they’re the physical entities that sold you the defective drug. A pharmacist can also be considered liable if they recommended a specific drug or didn’t provide you with clear instructions about its intended use.
The chain of distribution can include multiple factors, and even a sales representative can be considered liable in a product liability claim. For this reason, you should always let an attorney take care of the details required to identify all liable parties.
Why Do I Need a Lawyer for My Claim?
You’re not required by law to hire an Atlanta defective drug lawyer, and it’s not considered a violation if you take care of filing a personal injury claim. But as an injured individual who’s seeking compensation because of a defective drug, your chances of being adequately compensated while representing yourself are not very good for multiple reasons.
Here are the disadvantages you may face if you try to sue without a lawyer.
Defendants Have Already Hired a Lawyer
You should never expect to win without pushback from the responsible party. Defendants will do everything in their power to devalue your claim and won’t hesitate to use anything at their disposal. They may even accuse you of worsening your injuries through your own actions. They may even use your own statements against you.
When companies deal with legal issues, they usually retain a team of lawyers that have extensive knowledge about cases like yours. If you’re alone, defending yourself can feel almost impossible. A defective drug lawyer can protect your rights in this scenario.
Knowing the Steps of Your Claim
An attorney knows how to manage your claim, as they possess the experience necessary to file one in the most effective manner. They’re also aware of all the steps that take place after you decide to take legal action, like negotiations and examining evidence.
They can also take advantage of every law that could affect your claim. A lawyer can provide a thorough understanding of the legal issues surrounding your case, ensuring you get the care and compensation you’re due.
Defending Your Rights in Court
If an agreement that satisfies all parties can’t be reached, you’ll have to take your case all the way to court if you want to be compensated. The legal system is unpredictable, and if you make a mistake while trying to present your version of the facts, you could ruin your chances at compensation.
A lawyer knows how to operate in court and will speak on your behalf. That reduces your chance of making a mistake and gives you more time to focus on your health.
Speak with a Defective Drug Lawyer Today
If you’re hurt by a defective drug, you may need help getting the answers you’re due. Defective drug cases can be complex, and they can take time to settle.
At Fischer Redavid PLLC, we believe that all clients should be compensated adequately when someone else’s carelessness ends up injuring them. Our attorneys will handle your claim to ensure you can receive what you rightfully deserve after an accident.
Call (404) 800-6609 or use our online contact form to schedule a free consultation.