What Constitutes a Pharmaceutical Defect?
Anytime a person receives a medication that has a harmful effect that was not disclosed to them, despite the doctor exercising reasonable care, it may be due to a pharmaceutical defect. Harmful drugs, like all product liability cases, fall into three categories. However, due to the nature of medications and how they work, the categories are slightly different for pharmaceuticals.
The types of pharmaceutical defects are:
- Manufacturing Defects – These include contaminated or poorly-made medications that would otherwise be helpful to patients.
- Dangerous Side Effects (Design Defect) – When the medication has an adverse side-effect or harmful result, patients should seek legal help. These cases are complex and require seasoned lawyers.
- Failure to Warn (Marketing Defect) – Patients have a right to know about possible risks and side effects of their prescriptions. When prescriptions encourage “off-label” usage or do not disclose risks, this can constitute a failure to warn.
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