Can I Sue For Negative Side Effects Caused By A Pharmaceutical Drug?



Although it is relatively rare, prescription medications can cause serious side effects. If you have suffered a negative side effect of a pharmaceutical drug and wish to file a law suit, consider the following:

  1. Did your doctor warn you of these side effects before prescribing you the drug?
  2. Did your pharmacist warn you of the potential side effects?
  3. Were there any written warnings on the packing or the package insert when you received the medication?

Did Your Doctor Warn You of the Side Effects?

If your doctor warned you of the serious side effects prior to prescribing the drug and you decided to take the medication anyway, it is not likely that you will be able to file a law suit. If, however, you suffered a serious side effect that your doctor did not warn you about, you may be entitled to compensation.

Did Your Pharmacist Warn You of the Potential Side Effects?

If your pharmacist warned you of damaging side effects when dispensing the medication, but you decided to take the medication anyway, there is not likely a case for a lawsuit. If the pharmacist failed to warn you and you took the drug completely unaware of its potential side effects, there may be cause for a lawsuit.

Did the Manufacturer Provide Sufficient Warnings?

Were there warnings in place on the label, packaging or a packaging insert? Oftentimes drug manufacturers protect themselves by putting these warnings in place. The assumption is that the risk is in your hands if you decide to take the medication in spite of these written warnings.

When You May Have a Case

While the above may seem discouraging, there are indeed cases when you can sue for serious side effects caused by a pharmaceutical drug. If the manufacturer’s advertising was misleading in any way, it may be grounds for a lawsuit. If you were prescribed more than the recommended daily dose and this was not mentioned to you, then you may be able to sue your doctor for malpractice. If you were prescribed a drug that could possibly interact with one of the other drugs you had been prescribed and were not notified of the possible interaction, then you may be able to sue both the doctor and the pharmacy (assuming the pharmacy dispensed both of the drugs to you and the doctor provided both of the prescriptions).

Contacting a Personal Injury Attorney

When attempting to file a lawsuit to receive compensation for negative side effects caused by a pharmaceutical drug, it is best to get the advice of a personal injury attorney. A personal injury attorney will be able to tell you whether or not another party is to blame, which party that may be, and how much compensation you may be entitled to.