My Condition Worsened Because of a Dangerous Drug. What Can I Do?

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Every patient expects medication to make them better, not worse. Even if you experience uncomfortable side effects, you expect relief from your major symptoms. Unfortunately, some drugs are dangerous, and they can cause serious harm to patients. Drugs can be inherently dangerous because of the ingredients they contain or the way they were manufactured.

However, some are harmful only to people with certain allergies or people who are also taking certain medications. Depending on which situation applies in your case, a different person or entity can be held responsible. To ensure you identify the correct at-fault party, you should seek advice from a personal injury attorney in Indiana. You may be able to seek compensation. Depending on the nature of the case, you may need to file either a product liability or a medical malpractice claim.

Why Some Drugs Are Dangerous

There are many reasons why a drug could prove to be dangerous.  If you suffer harm, it’s important to know exactly what happened. Generally, drugs can be harmful because:

  • They contain harmful ingredients
  • They are marketed or prescribed without adequate warnings about the dangers
  • They are prescribed to a person who is at risk of complications
  • They are prescribed for the wrong reasons

Some drugs are unapproved by the U.S. Food & Drug Administration. These drugs shouldn’t be prescribed since it’s not known if they are safe or effective even when used as intended. There’s also no way to know if the quality of these drugs will be consistent or if their labeling is correct and complete. Unfortunately, sometimes the danger doesn’t become known until many people suffer harm.

A bottle of pills, the pills are spilling out of the bottle onto a flat surface.

Meanwhile, some drugs are generally safe, but they are harmful to specific individuals. These drugs should come with a warning label. Usually, these companies give healthcare professionals all the information they need. In turn, doctors should inform patients about the risks. If the doctor prescribes a dangerous drug or fails to notify patients that the drug has adverse side effects, you can hold them liable.

Similarly, your doctor should know if you’re already taking medication which would have an adverse effect when paired with another drug. Therefore, they shouldn’t prescribe a drug that would be dangerous for you. If you suffered harm because of a drug you may be able to seek compensation from:

  • A drug manufacturer
  • A drug distributor
  • A hospital
  • A doctor
  • A pharmacist

An Indianapolis personal injury lawyer will help you to identify the correct defendant. Even if you’re not sure that you have a valid personal injury claim, you should get legal advice. You may be able to claim compensation for medical expenses, lost wages, pain, and suffering, and other losses. If you don’t seek prompt legal advice, you may lose your opportunity to recover damages. That’s because there’s a statute of limitations that governs personal injury lawsuits in Indiana.

Statute of Limitations in Indiana

Each state has time limits in place for the filing of personal injury lawsuits. In Indiana, victims have two years from the date of the injury to file a case. if you don’t act before the time is up, you’ll lose the right to get compensation. It won’t matter how serious your injuries are or how much you’re suffering. The defendant’s attorney will ask the court to dismiss the case and the judge is likely to agree.

There are some limited exceptions to this rule. In some cases, the clock may begin running from the date on which you discovered that you suffered harm. Also, if the victim is under the age of 18 or affected by a physical or mental disability, the timeline may be different. Your attorney is best placed to advise you about what applies to your case.

In spite of the two-year statute of limitations, you need to contact an attorney promptly. It takes time to build a solid case. Even if you hope to negotiate a settlement out of court, you’ll lose leverage if you wait too long. The other side will know you have little to no chance of filing a lawsuit. You’re unlikely to get full and fair compensation under these circumstances.

Contact an Indianapolis Personal Injury Lawyer Today!

If you or a loved one suffered harm because of a dangerous drug, you need to contact Stewart|Phelps|Wood. Our Indianapolis personal injury lawyers will review your case and help you to quantify your losses. Whether you need to file an insurance claim or a lawsuit, we will help you to get the compensation you deserve. If someone else caused you harm, you shouldn’t have to deal with the aftermath on your own. Your first consultation is free, and we work on a contingency basis so call us today to set up a meeting.

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