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Defective Drugs: Medical Malpractice or Product Liability?

If you have recently consumed a prescription drug that is defective or harmful to your body, you have the right to file a lawsuit under medical malpractice or product liability depending on what caused your personal injury. Medical malpractice and defective drug cases are filed in the case that your physician did not prescribe the appropriate drug or did not properly plan for life altering side effects that could have been predicted and prevented. A product liability claim can be made against the manufacturer if side effects were not honestly communicated to the public, especially if it is an over the counter drug.

Whether it is medical malpractice or product liability, here are the steps you can take to repair the damages caused by a defective prescription drug.

Medical Malpractice

Most of us have full faith in our doctors to properly diagnose and medicate us. Unless you are a doctor yourself, there is no way to have the expertise a doctor possesses. Unfortunately, medical practitioners sometimes make mistakes, or in the most unfortunate situations, take advantage of our naive trust and prescribe medications based on their own benefit rather than the patients benefit.

If your doctor negligently prescribes you a drug that causes severe side effects, you have the right to claim malpractice. It is part of their job to asses your entire health in order to avoid drugs that may counteract or work improperly with your natural DNA. For example, a doctor should know your allergies and prescribe appropriately or understand what medicines you are presently taking in order to avoid mixing the wrong type of drugs.

If a doctor improperly administers a drug or writes an improper prescription, they are liable for any harmful, life threatening side effects. The attorneys at Colley & Colley law firm in Austin are available to help you sort out damages and fight for the compensation for your medical bills until your health is fully restored.

Product Liability

In the case that an over-the-counter drug has unsuspecting side effects, a case can be filed as a product liability claim. This is more common than prescription drugs because it is the duty of the doctor to explain the intricacies of your drug and can offer details about how it is used. A manufacturer of over-the-counter drugs is liable for printing every detail necessary for an average, ill person to understand how it works and possible side effects.

In either case, your best bet for full compensation after using a defective drug is to immediately contact a personal injury lawyer. The attorneys at Colley & Colley law firm in Austin, Texas are experienced in medical malpractice and product liability cases. Contact us today for a free consultation.