If you have experienced a prescription drug error that leads to an injury or illness, you might be interested in the advice and experience of a Mesa prescription drug error lawyer. Pursuing recovery, whether it be negotiating a settlement or fighting through litigation, could be challenging on your own. A dedicated personal injury attorney could guide you through every step of the process.
Those suffering harm from prescription drug errors might be able to seek recovery by filing a lawsuit for product liability. In some instances, prescription drug errors stem from a defect in the drug itself. A Mesa prescription drug errors attorney could help prospective plaintiffs determine whether a product defect claim is present in their case. Generally, there are roughly three kinds of product defects that plaintiffs may use to support their case.
The first is known as a design defect. Design defects occur when a product is defective from its inception. All products that fit the same design are deemed inherently defective. For example, if a line of prescription drugs is found to have a design defect, all those prescription drugs would be defective.
However, when it comes to manufacturing defects, a defect that occurs during the product’s creation might only be present in one batch of prescription drugs. Lastly, a marketing defect, such as mislabeling or improperly labeling a drug, could result in product liability.
There are many instances where a person could suffer harm due to a prescription error. Commonly, medical negligence is to blame for prescription mistakes, but this could take form in different ways. Prescription error claims could be filed due to a medical professional:
Medical negligence has occurred when a health care professional deviates from their standard of care, causing harm to their patient. To hold the medical professional liable, a doctor-patient relationship is required to be present at the time of the error. Additionally, the deviation must have caused the plaintiff’s injuries that can be compensated through damages.
Plaintiffs are required to file their case within the statute of limitations. Prescription error claims must be filed within two years of their injury or illness under Arizona Revised Statutes §12-542.
The pain and suffering of an injury or illness could be amplified by a prescription drug error. When the drugs intended to help ease a condition cause further injury, a patient has the legal right to seek compensation.
A Mesa prescription drug errors lawyer could help you hold the negligent party responsible for your injuries. A seasoned attorney could stand by your side as your dedicated advocate and help you seek damages for medical bills, lost wages, and pain and suffering. To find out more about how a lawyer could help, call today.