1. What is pharmaceutical malpractice or pharmaceutical negligence?

Pharmaceutical malpractice or negligence means that a drug company caused injury or death to a consumer by failing to act within the applicable standard of care. In other words, a drug company commits malpractice and is negligent when it fails to act reasonably under the given circumstances and the unreasonable conduct causes harm. This could be because a drug was not designed or tested properly. It could also be because the company did not provide effective and appropriate warnings to the doctors who prescribed the drug, and to the consumers who took them.

2. My prescription was incorrectly filled and I became very ill. Do I have a pharmaceutical negligence case?

It is possible that you have a case. Lawsuits can be based on improperly filled prescriptions. In most cases, either a medication is prescribed that contradicts a medication that the patient is already taking, or a pharmacist gives an incorrect medication or dosage. In a situation such as this, pharmacists and/or doctors would be held liable.

If a person dies due to a medication, a wrongful death case may be filed. If a medication causes serious illnesses or side effects during its manufacturing, the drug manufacturer is held accountable.

3. What are some of the most common drugs that can cause serious injury leading to pharmaceutical negligence?

While any drug can lead to pharmaceutical negligence if improperly handled by manufacturers, doctors or pharmacists, the following list has been known to cause serious side effects:

• Accutane
• Baycol
• Enbrel
• Meridia
• OxyContin
• Paxil
• Prempro
• Rezulin
• Serzone
• Thimerosal
• Vioxx
• Zyprexa

4. What are some of the common causes of pharmaceutical negligence?

In the rush to get products to market, pharmaceutical companies may fail to disclose certain side effects or health risks. Other times, adequate time is not spent on clinical trials, or researchers may miss important findings that come to light only after products are on the market and harm people. Mistakes can be made in manufacturing, which may result in tainted or defective products.

5. Is there a time limit on bringing a pharmaceutical negligence claim?

Yes. Each state has its own statute of limitations establishing a deadline to pursue a negligence claim. These limits vary greatly from state to state. If you feel you are the victim of pharmaceutical negligence, you should contact an experienced Attorney’s Trial Group lawyer immediately.

6. How can I avoid a pharmaceutical injury?

When you buy over-the-counter medications, read the labels carefully because they might contain ingredients you do not want or should not take. Drugs can interact with your other medications, cause an allergic reaction, or not be correct for your symptoms.

Ask your pharmacist for help if you have trouble selecting the right product or understanding ingredients.

7. What is the definition of medication error?

According to the National Coordinating Council for Medication Error and Prevention (NCCMEP) a medication error is “any preventable event that may cause or lead to inappropriate medication use or patient harm, while the medication is in the control of the health care professional, patient, or consumer. Such events may be related to professional practice, health care products, procedures, and systems including: prescribing; order communication; product labeling, packaging and nomenclature; compounding; dispensing; distribution; administration; education; monitoring; and use”.

8. I've been taking a drug that was not prescribed by a physician; do I still have a possible legal claim for injuries suffered?

In a case where a physician did not prescribed the drug which caused injury, but instead you purchased it on your own, you may still have a claim against the drug manufacturer. Contact an experienced pharmaceutical negligence attorney to discuss your possible case.

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