Rock Hill Dangerous Drugs Lawyer
While patients with medical conditions and illnesses rely on medications to help them get well, pharmaceutical companies often put their profits ahead of the health of consumers. Consequently, drug companies have released drugs onto the market that have posed serious risks and injuries to the users.
If you suffered due to a hazardous medication, Schiller & Hamilton might be able to help. A Rock Hill dangerous drugs lawyer could look at the facts surrounding your case and determine whether you have a valid claim for compensation.
Prescription Medication Claims in Rock Hill
Patients expect their medical professionals to prescribe them safe drugs, but unfortunately, this is not always the case. Here are some common prescription drug claims our medical malpractice lawyers handle for our clients:
Drugs that Cause Health Issues
While drugs are required to undergo rigorous testing before being released to the public, companies often make them available before fully discovering their side effects. This behavior may lead to significant injuries for patients who unwittingly take the drugs on the advice of their doctors.
Drug companies have a responsibility to make their drugs safe for consumers. When they fail to warn the public of potential side effects or drug interactions, or if they fail to take necessary steps to make medicines safe, they may be liable for any resulting injuries. Prescription Errors
Prescription drugs also may become dangerous when doctors improperly prescribe them. This could occur when a medical professional prescribes the wrong drug or an incorrect dosage based on the weight of the patient. Our prescription drug liability lawyers can help in cases like these.
Medical professionals may also fail to notice the potential for interaction between a new drug and a patient’s current medications, or they may fail to monitor the patient for adverse side effects. Incidents where medical professionals fail to safely prescribe or administer drugs, making them dangerous, is a form of medical malpractice.
Defective Medical Devices
You may undergo surgery to have a medical device implanted, or you may use an external medical device. But some devices can malfunction due to a defect, causing serious injuries or death.
Mistakes related to the use of dangerous medications can lead to patients suffering injuries and even death. Consulting an attorney familiar with unsafe medication claims could be beneficial for plaintiffs who wish to hold drug companies responsible for their wrongful actions.
Schiller & Hamilton Can Help You Take on Big Pharma if You Suffered Injuries due to a Dangerous Drug
At Schiller & Hamilton, we understand the pain, confusion, and stress of suffering a dangerous drug or medical device injury. We’re dedicated to helping you seek the justice and compensation that you deserve. We can handle a wide variety of legal and practical tasks so you can focus on recovery.
- Investigate your claim
- Gather evidence of your injury
- File legal complaints against the pharmaceutical company
- Handle all communications with insurance companies and the at-fault party’s legal team
- Notify your employer of your injury and recovery period
- Calculate your current and future damages
- Negotiate a just settlement
- File a personal injury or wrongful death lawsuit
- Represent you in court
- Provide you regular updates and be available for questions 24/7
Having a serious injury can put you out of work while you seek treatment and recover. This can put a lot of financial burden on your family. That’s why we offer our services on a contingency-fee basis—we won’t ever charge you upfront fees, and we only get paid if we settle or win your case.
How We Hold Liable Parties Accountable for Your Dangerous Drug Injuries
In South Carolina pharmaceutical liability cases, we only need to prove strict liability, which requires us to prove that the drug or device was defective. We can emphasize the company’s negligence and how it led to a design, manufacturing, or marketing defect.
- Design defect: We have to prove that you used the drug as intended, but you were injured because it didn’t perform as safely as expected.
- Manufacturing defect: We have to prove that the manufacturer made a mistake in producing the drug or device, leading to a defect that injured you.
- Marketing defect/failure to warn: We have to prove that the company did not provide accurate or complete warnings for the drug, including dosage recommendations, ingredients, potential side effects, and more.
Depending on how your injuries occurred, we may be able to hold the following parties accountable:
- A pharmaceutical company that designed, tested, and/or manufactured the product
- A retailer or other seller that sold the drug or device
- A doctor who incorrectly prescribed a medication, causing your injury
- A pharmacist who incorrectly filled a medication, causing your injury
Recoverable Damages for Injuries from Dangerous Drugs
When drug companies forego necessary testing or fail to include all the side effects on the warning labels of drugs, they are potentially liable for any injuries that a person who used the drug suffered. Product liability law allows consumers to potentially hold pharmaceutical companies accountable when dangerous or defective products cause harm to those who use them.
A Rock Hill attorney may be able to help injured dangerous drugs plaintiffs pursue drug companies for compensation related to their injuries. A successful claim could lead to compensation for:
- Costs related to emergency treatment, hospitalization, ongoing medical care, rehabilitation, and other medical expenses
- Lost wages and loss of future income
- Pain and suffering and emotional distress
If you’ve lost a loved one to an unsafe drug, you may be eligible to seek wrongful death compensation, such as:
- Loss of financial support
- Funeral and burial costs
- Loss of spousal or parental companionship
These forms of compensation and more could all be part of a compelling product liability claim.
There Is a Statute of Limitations on Dangerous Drug Cases in South Carolina
If you suffered injuries, worsened conditions, or other life-threatening issues after taking a dangerous drug, you can file a lawsuit against the liable parties. But you must file your lawsuit before the statute of limitations ends (S.C. Ann. §15-3-530).
Personal Injury Lawsuit
Generally, you have three years from the date you discover your injuries to file a personal injury lawsuit. However, this deadline can depend on the injured person’s age. For example, the statute of limitations may not start until an injured minor turns a certain age.
In addition, product liability cases also have an eight-year statute of repose that extends the time certain injured persons have to file.
Wrongful Death Lawsuit
You also have three years to file a wrongful death lawsuit against liable parties for a loved one who passed away after taking a dangerous or defective drug. Per S.C. Code § 15-51-20, the following family members are eligible to file a wrongful death suit:
- A spouse
- A child/children
Medical Malpractice Lawsuit
If your or your loved one’s dangerous drug injuries were due to a medical professional’s mistake, you may be eligible to file a medical malpractice lawsuit against the provider and/or the practice or facility at which they work. Per S.C. Code of Laws § 15-3-545, you may only have three years from the date the error occurred or from the date you discovered your injuries.
No matter the circumstances of your dangerous drug injury case, a lawyer from Schiller & Hamilton is here to help you understand how the statute of limitations applies to your case.
Frequently Asked Questions About Dangerous Drug Cases
We can go over questions and concerns regarding the specifics of your dangerous drug injury during your free case review. But we can also answer some FAQs about these cases right now.
How Much Is My Dangerous Drugs Injury Case Worth?
Unfortunately, we can’t give you an accurate estimate of how much your dangerous drug case is worth until we investigate it for ourselves. The amount of compensation you may be entitled to can depend on many factors, including:
- The type of drug or medical device that injured you
- The type and severity of your injuries
- The number and scale of liable parties
- Your age at the time of your injury
- The current and projected totals for economic and non-economic damages
What Types of Dangerous Drug Cases do You Handle?
Schiller & Hamilton is prepared to stand up to big pharmaceutical companies who produce and distribute dangerous drugs and medical devices. Some of the most prominent cases include the following products:
- Certain anti-psychotics
- Hernia mesh implants
- Vaginal mesh implants
- Certain BiPAP and CPAP machines
- Other FDA-recalled drugs
Who Determines Whether a Drug Is Safe?
The U.S. Food & Drug Administration (FDA) creates testing and labeling guidelines for the pharmaceutical industry. In turn, pharmaceutical companies must abide by these guidelines and submit their drugs for consideration before they’re able to sell them.
The FDA’s research division, the Center for Drug Evaluation and Research (CDER), is the “main consumer watchdog.” The CDER evaluates and signs off on newly developed prescriptions and over-the-counter drugs (both brand-name and generic) before they’re sold.
They don’t test the drug itself; rather, they review the design, manufacturing, and testing data the company submits. Then, they make sure the company has proven the drug’s quality, safety, and effectiveness for the conditions it intends to treat.
What Are the Differences Between Side Effects and Injuries?
Side effects refer to the symptoms a user may develop while taking the drug. These will be listed on the medication itself since the company identified these symptoms during testing. Injuries can include symptoms (inconvenient or life-threatening) that aren’t listed and side effects that become life-threatening due to misuse or prescription error.
A Rock Hill pharmaceutical liability lawyer from our firm can review your medical records and research the drug or device to determine if you have a strong claim.
Work With a Rock Hill Dangerous Drugs Attorney
While public safety should be paramount for drug companies, profits often seem to motivate them more than the health of consumers. Fortunately, if you have suffered injuries after taking a dangerous drug, you could seek compensation for your losses.
A Rock Hill dangerous drugs lawyer can represent your interests and work toward a favorable resolution in any pharmaceutical product liability claim that you may have. Call Schiller & Hamilton today for a free consultation.