Updated February 21, 2020

How Do I Know If I Have a Drug Injury Case?

Although we trust our healthcare providers and drug manufacturers with our health and safety, mistakes can happen. If we take a drug or use a medical device that is defective, poorly-labeled, or inadequately tested, the consequences can be severe.

Drug injury cases are centered around drugs or medical devices that end up causing injury or death. They may seem straightforward, but drug injury cases can quickly get complicated. It can be difficult to determine where liability lies—which is the difference between a drug injury or medical malpractice case.

Why is Liability Key?

There are a lot of people and organizations involved in the medical treatment process:

  • Drug or device goes through a manufacturer, approval process, and marketing process
  • Healthcare provider prescribes the drug or uses the device
  • Pharmacy dispenses the drug or device

Determining who is at fault for the injury is key in identifying the type of legal case.

What is the difference between Drug Injury Cases and Medical Malpractice?

Drug injury cases fall under the umbrella of product liability cases, meaning that the product itself—not the humans using or prescribing it—are the subject of the lawsuit. Any product that is made and sold to consumers has guidelines it must follow in order to be considered safe. If these guidelines are not met and someone gets hurt or killed, it can lead to a product liability case.

On the other hand, a medical malpractice or medical negligence case has an element of human error. If a healthcare professional at any level fails to follow standard protocol or makes a serious mistake, they can be held responsible for whatever injuries happen to a patient. If, for instance, your doctor prescribed a drug without warning you about its known risks or side effects, you might have a medical malpractice case as opposed to a drug injury case.

Contact a Drug Injury Attorney Today

If you or a loved one have been harmed as a result of a defective drug, you are urged to contact the Indianapolis Drug Injury Attorneys of Wilson Kehoe Winingham. The lawyers at WKW can help you get the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.

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Let WKW put our experience to work for you. Contact us for your free case evaluation.


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