If you were injured by a drug while taking it according to safety guidelines, it is important that you identify where the negligence occurred so as to hold the correct party liable. Continue reading to understand what grounds you have for a defective drug injury claim and how an experienced Morris County personal injury attorney at Lutz Injury Law can help you fight for justice.
Who is liable for my defective drug injury?
The two most common types of drug defects are design and manufacturing defects. Drug designers can be proven to be negligent if the design of the drug itself is the cause of your injury. Therefore, for your claim, you must prove that there was a safer, equally practical, and economically feasible design option that would not have hindered the drug’s usability.
On the other hand, drug manufacturers can be held responsible if there is evident negligence that occurred in the process of creating the drug itself. If you are making this claim, you must prove that there was a deviation in drug design guidelines to cut corners that ultimately made the drug become unsafe.
Additionally, if there was improper labeling or failure to provide drug warnings, you also may have a case. This is because manufacturers must include written warnings about potential hazards and instructions on how to use and not use the drug with the packaging. For your claim, you must prove that this was not present to prevent the accident.
Who else can be the at-fault party on my injury?
You still may have a case even if the drug in question was not defective in and of itself. Specifically, if a doctor or pharmacist prescribed or supplied you with the incorrect medication, this is considered negligence. For this, you would file a medical malpractice claim alongside a skilled Morris County medical malpractice attorney.
What evidence of negligence do I need for my defective drug injury claim?
Although your instincts may say otherwise, it is in your best interest to preserve the defective drug, that is, if you can do so safely. This is because it is a necessary piece of physical evidence that will help satisfy your burden of proof in your defective drug injury claim. At the very least, you should collect photos of the drug, the packaging, and the damage it inflicted on you.
CONTACT OUR MORRIS COUNTY FIRM
If you have been the victim of the negligence of another in an accident, please contact my office as quickly as possible following the subject accident. It is important to consult with us early on so that we may begin the process of fighting for your rights in regard to any potential claim that you may have. The process is complicated and requires the expertise of a qualified New Jersey personal injury attorney. Contact Lutz Injury Law today.