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What is a drug injury?

October 19, 2016

When an individual has been injured or killed from taking prescription medication or over-the-counter drugs, a drug injury lawsuit may be possible. The injury sustained can be a condition brought on by a serious reaction, side effect, or even death. To be eligible for a drug injury case, the injury sustained must have been a preventable injury had someone—such as a drug manufacturer, physician, or pharmacist—made a better move.

Before any medication ever reaches the market for sale, it must be approved by the U.S. Food and Drug Administration (FDA). However, sometimes defective medicines find their way through the system, reach the masses, and harm hundreds of people. Other times, the issue lies in the hands of improper or unclear warning labels or instructions that later cause harm. It’s also possible that the incident causing injury occurred at the pharmacy: medications were improperly handled, bottles were mislabeled, and so on.

Who is Responsible For Your Drug Injury?

Proving liability for a drug injury can be complicated by a couple of factors: healthcare providers everywhere use different treatment methods, and every procedure or treatment regime has slight risk. The number one thing to always look for is that the injury was an avoidable one.

In most cases, one of these entities are held accountable for drug injuries:

  • Physicians
  • Drug manufacturers
  • Pharmacists

Damages in a Drug Injury Lawsuit in Indiana

Recoverable damages are similar to those in a medical negligence case. While there’s no guarantee, an Indianapolis personal injury attorneys will typically seek compensation for:

  • Current and future medical expenses
  • Any income you might have lost during your illness
  • Pain and suffering
  • Diminished quality of life in the case of a permanent injury
  • Any funeral or burial expenses that might apply

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