All You Need to Know About Pharmaceutical Liability in Texas

All You Need to Know About Pharmaceutical Liability in Texas

Pharmaceutical Liability in Texas is the sale of defective and unsafe drugs that are consumed by patients who are unaware of the malfunction. They take the medicine to help cure their problem and instead get worse or face new problems. Even though strong rules and regulations are put in place for the pharmaceutical industry, unsafe drugs do end up in the market and negatively affect people.

What Happens When You Take a Bad Drug?

Consumption of unsafe drugs result in various negative side effects, some of which are life-threatening. If you feel like the prescribed drugs that you are taking are not helping your condition, or making it worse, you should seek immediate medical care. Some of the side effects include:

  • High blood pressure
  • Strokes
  • Organ failure
  • Mental health issues
  • Death

Who is Responsible?

The person or company responsible for manufacturing or selling these unsafe drugs to patients include:

The Manufacturer:

The drug manufacturer is held liable for producing defective drugs and using improper marketing ways to sell them. If they do not label the drugs properly or clearly state the side effects, they are entirely to be blamed.

The Testing Laboratories:

All kinds of drugs go through several tests, in more than one laboratory. If one of them made a mistake and approved the drug, they are held liable for it. If none of the other laboratories reported any problem, then they are equally responsible.

Your Doctor:

They are directly responsible for the medicines they prescribe you and have to walk you through their side effects. If they have failed to give the necessary information, they are held liable for the problems that have been caused.

The Pharmacy:

They can be selling expired medicines, bribed to sell bad drugs, or fill the prescription with a wrong medicine or dosage.

When Should You File a Case for Pharmaceutical Liability in Texas?

Texas has a two-year statute of limitation, which means that you have only 2 years, from the date you discover pharmaceutical liability in Texas to file a lawsuit for an injury. An injury due to the consumption of bad drugs can be filed under this statute. If a case is being filed on the doctor, based on medical malpractice, it can be done before 10 years. However, if you discover your injury after 10 years of medical malpractice, you will not be able to file a lawsuit.

Types of Bad Drug Lawsuits:

Based on Improper Designing:

Improper designing of drugs refers to extremely dangerous drugs, even when used properly. These lawsuits are rare as such drugs are hardly ever approved by regulatory bodies.

Incorrect Manufacturing:

Even if the drug is designed properly, defects in the manufacturing process can result in unsafe drugs. Contamination, wrong labeling, or unhygienic working conditions can affect the quality of drugs being manufactured.

Improper Marketing:

Generally, drugs come with warning labels that highlight the possible side effects. If they do not, they are misleading and cause severe problems later on. Even if they are relying on the doctor to convey the side effects to the patient, serious side effects should be clearly labeled on the bottle.

How Can I Prove My Bad Drug Case?

Strict laws are implemented for cases of Pharmaceutical Liability in Texas for a list of medicines. They show carelessness on the part of the manufacturer, laboratories, pharmacies, and doctors. You have to prove negligence on part of the blamed party which has breached the duty of reasonable care that they owned you. Due to this inattention, your condition has gotten worse or you may have faced new problems.

On the other hand, if a lawsuit is filed based on pharmaceutical liability, you have to only prove that the drugs sold were dangerous and left entirely in your control. As a result of these dangerous drugs, you faced injuries. If these conditions are met, you may receive compensation for your injuries, medical bills, loss of wages, and stress.

Hiring an attorney to fight for your compensation can give you an advantage as large pharmaceutical companies have their own lawyers and insurance companies. An attorney knows the complex processes of pharmaceutical liability cases better and has more experience in negotiating. They can represent you and take off the burden from your shoulders. You are more likely to reach a better settlement with an attorney, than if you fought the case yourself. Contact us today for a free case review and get the compensation that you deserve.

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