Frequently Asked Questions about Drugs and Medical Devices
Q: Who is liable for harm suffered from prescription drugs?
A: Depending on the facts of your case, liable parties can range from drug and medical device manufacturers, to your treating physician, to the pharmacy that dispensed the medication.
Q: How can I find out if a medication I have been prescribed is dangerous?
A: Always ask your physician questions you have about medications he or she prescribes you. Also ask your pharmacist about possible risks and instructions on how to take your medications. If you are already taking a medication and would like to make sure it is still safe, check with the FDA website or the MedWatch website for updates on dangerous drugs.
Q: Can medications purchased from a foreign country contain unsafe ingredients?
A: Yes. Some imported medications and their ingredients, although legal in foreign countries, may not have been evaluated for safety and effectiveness in the United States.
Q: The label on my prescription had the incorrect dosage instructions. Who is liable?
A: It depends on the facts in your case and when the error occurred. Your doctor has a responsibility to write your prescription correctly, and the pharmacy that dispensed your medication has a responsibility to know the properties of the drugs they sell and to ensure the label reflects their knowledge.
Q: Does my doctor need to inform me of all options when it comes to prescription drugs and medical devices?
A: You have the right to be told about alternative courses of treatment and to make an informed decision regarding your health care options.
Q: Do I need a lawyer if I believe I may have a drug or medical device claim?
A: Due to complex issues involved in drug and medical device claims, discussing your case with an attorney who is experienced in the area is a good way to ensure a thorough evaluation of your case. An attorney at our firm who is knowledgeable in drug and medical device law may help you receive appropriate compensation.
Q: My doctor prescribed a drug for treatment but failed to tell me it was part of an experimental program. What can I do?
A: Your physician had a duty to tell you that the drug was part of an experimental program and you had the right to refuse to participate in it. You may have grounds for an action against your doctor.
Q: If I purchased prescription drugs from another country, what recourse do I have in the U.S.?
A: Your legal rights in connection with drugs purchased from foreign countries may differ from the rights you have when you purchase drugs from the U.S. market. To learn more about your options, schedule a consultation with an attorney knowledgeable in this area as soon as possible.