Drugs and medical devices are being prescribed in record numbers in the low country and throughout South Carolina. The Charleston dangerous drug lawyers at Howell and Christmas know that often times use of these medications and devices can lead to serious injury, long-term disability, and even death. No matter where these medications are being sold to the public, drug manufacturers owe a duty to make sure that their products are made, distributed and used in a safe manner.
Furthermore, doctors have the responsibility to their patients to make sure that they know the risks and dangers of taking any drug prescribed so that the patient can make their own decision as to whether they want to take said risks and take the medication being recommended. Importantly, Pharmacists also have duties to the public to make sure that they fill the correct prescriptions with the correct amount of medication prescribed and at the appropriate dosage. If this responsibility is not met, an experienced injury attorney should be contacted to file a dangerous drug claim.
Filing a Claim
Many times warnings from the manufacturer regarding a drug’s use should be contained on the bottle or other packaging where the drug is contained. Instructions and warnings can also be provided by the treating doctor and in some cases by the pharmacy where the medications are purchased. These duties exist regardless of whether the medication or medical device has been approved by the Food and Drug Administration (hereinafter “FDA”). A manufacturer of a drug can still be held liable for their product even if it has been approved by the FDA.
In the event that a drug or medical device causes injury or death, legal action can be taken against manufacturer based upon theories of negligence, breach of warranty and/or strict liability. Action also can be taken against a doctor or pharmacist, by a Charleston dangerous drug lawyer, if either or both were negligent in performing their duties related to the drug.
Has a medical device or drug caused you or someone you know serious injuries or death? Contact an experienced Charleston dangerous drug lawyer at Howell and Christmas to learn your rights. Let one of our Charleston accident attorneys give your straight answers to all your legal questions.