Everything You Need to Know Before Filing a Pharmaceutical Lawsuit

If you’ve been harmed by an incorrect prescription or another pharmaceutical error, filing a pharmaceutical lawsuit is likely one of the first thoughts that comes to mind. However, most people have no idea where to begin. Fortunately, when you know what the process entails and how to get started, you can see justice served after a trusted medication causes injury, illness, or death.

Legal Grounds for Suing

You can’t file a pharmaceutical lawsuit for just any broad reason; you must have legal grounds for taking action. Some of the most common legitimate reasons to file a pharmaceutical lawsuit include:

• Incorrect medication
• Incorrect dosages
• Incorrect route of administration instructed
• Incorrect instructions
• Failure to consider other health conditions
• Failure to consider interactions with other medications
• Failure to monitor side effects
• Failure to adjust medication
• Lack of proper warnings or labeling

Pharmaceutical errors can happen in many ways. For example, a doctor might write a harmful prescription, a nurse can administer the wrong medication, or the pharmacy could give you a prescription intended for someone else. Sometimes, a mistake is the result of a miscommunication between the doctor and pharmacy,

If you suspect that an injury or illness was caused by a medication error, it’s always worth consulting a lawyer. Different types of lawyers can handle pharmaceutical lawsuits, but they all practice personal injury law. If you think you might have a case, your first step should be to schedule a consultation with a personal injury lawyer with experience in medical malpractice.

Assessing Your Case

Once you begin working with a lawyer, you can expect your case to progress through specific steps. In most cases, these steps include:

• Establishing a valid claim
• Showing harm or injury caused by a pharmaceutical product
• Establishing liability
• Observing the statute of limitations
• Gathering evidence

A winning case depends on proving that you were harmed by pharmaceutical medication because of someone’s negligence. Your lawyer must find out who was responsible for the error in order to prove negligence and establish liability.

The specifics of how a lawyer proves liability depends on how the medication harmed you. In any type of case, your lawyer will need to find proof of wrongdoing by a healthcare provider or pharmacist as well as proof that you were harmed by the drug.

This usually involves collecting evidence like your medical records and product documentation. It might also require additional steps, like obtaining the testimony of an expert witness.

Choosing the Right Attorney

One of the most important choices you’ll make when you file a pharmaceutical lawsuit is your choice of lawyer. The difference between life-altering compensation and walking away with nothing often hinges on the skill and experience of your lawyer.

Tips for finding the right lawyer to handle a pharmaceutical lawsuit include:

• Read case results
• Check online reviews
• Look for relevant practice areas
• Attend multiple consultations
• Pay attention to how they interact with you

It’s not a good idea to hire the first lawyer you meet. It’s better to take the time to attend a few free consultations with your top picks after conducting some online research. You want to know that the lawyer you hire has taken on pharmaceutical lawsuits in the past and come out on top.

Risks and Challenges

You might face several challenges when you take legal action after a pharmaceutical error. Fortunately, the risks are low, and you don’t have much to lose by having an attorney evaluate your case, and you could ultimately obtain fair compensation if the case can be proven.

It can be difficult to prove that a healthcare provider or pharmacist acted negligently. However, this comes down to the specifics of your case. A lawyer needs to review your history with the medication and how it impacted you to conclusively identify whether you have grounds for a claim and whether they think they can prove it in court.

There aren’t many risks of seeking justice after being injured by a pharmaceutical drug. The biggest cost is the time commitment. It’s a good idea to be prepared for your case to take a while to resolve. Fortunately, successful pharmaceutical lawsuits sometimes result in substantial payouts, making them worth the wait.  

Potential Outcomes

It can be hard to predict the ultimate outcome of a pharmaceutical lawsuit. Ideally, you’ll be compensated for medical bills, lost wages, pain and suffering, and other damage caused by the medication.

Medication errors can have wide-ranging effects. In some cases, they lead to life-altering medical conditions or even death. When a pharmaceutical error significantly impacts your quality of life, you can recover substantial compensation. If a pharmaceutical mistake results in a loved one’s death, a medical malpractice lawyer can help you recover wrongful death compensation.

Filing a pharmaceutical lawsuit doesn’t just put money back in the injured person’s pocket — it also ensures that the healthcare provider who made the mistake is held accountable, preventing others from being harmed by a similar error in the future.

Frequently Asked Questions About Filing a Pharmaceutical Lawsuit

How Much Money Can I Win by Filing a Pharmaceutical Lawsuit?

Case value is always unique. How much money you win depends on the type of claim and the extent of your injuries.

How Much Will a Lawyer Cost?

Most medical malpractice lawyers offer contingency agreements. This means you usually have to pay only if a lawyer wins your case.

Can a Lawyer Help if a Loved One Dies as a Result of a Pharmaceutical Drug?

A wrongful death lawyer can help you recover compensation if your loved one dies due to a pharmaceutical error.

Consult a Medical Malpractice Attorney Today

If you’re considering filing a pharmaceutical lawsuit, Kennedy, Johnson, Schwab & Roberge can help. Our skilled attorneys know what it takes to successfully win cases involving pharmaceutical injuries. Contact us today!