What to Know About Defective Drug Injury Claims in New York
You should be able to purchase a drug with peace of mind that it is safe for your use. So when you suffer an injury due to a defective drug, it is justifiable that the negligent party be held accountable. Continue reading to find out if you have a defective drug injury claim on your hands and how one of the experienced Westchester County product liability attorneys at Hausman & Pendzick can help you recover the compensation that you rightfully deserve.
What are the types of defective drug injury claims?
There are different types of drug defects, but ultimately, they are mostly caused by the negligence of the other party. The categories that a drug defect can fall into are as follows:
- Unsafe drug design: drug designers are legally obligated to ensure their drugs are safe for public use. For your claim, you must prove that there was a safer, yet economically feasible, way to make the drug that would not hinder its usability.
- Negligent drug manufacturing: drug manufacturers are responsible for ensuring that they follow the blueprints provided by drug designers. For your claim, you must prove that they diverged from these guidelines to either cut costs or save time, and thus the drug became unsafe.
- Failure to provide drug warnings: manufacturers also must include written warnings about potential hazards and instructions on how to use and not use the drug in the packaging. You must prove that there was no clear marketing present to prevent the accident from occurring.
Even if the drug is not defective itself, you may still have a case if you can prove that a doctor or pharmacist was negligent in prescribing or supplying you with the incorrect medication. In this case, you would file a medical malpractice claim with the help of one of the skilled Westchester County medical malpractice attorneys.
How do I prove negligence in my defective drug injury claim?
The most important takeaway is to preserve the defective drug, so long as it will not impose harm on others. If this is not doable, you should, at the very least, take a photo of the drug, the packaging, and the damage it inflicted. This way, you will maintain a vital piece of physical evidence that will aid your burden of proof and ultimately determine if there was a design defect, manufacturer defect, or failure to warn.
If you have any remaining questions about how to prove negligence in your defective drug injury claim, do not hesitate in reaching out to one of the seasoned Westchester County personal injury attorneys who will assist you in collecting the proper evidence.
CONTACT OUR EXPERIENCED WESTCHESTER COUNTY FIRM
Hausman & Pendzick effectively represent victims of negligence in Westchester County and across the state of New York. Contact us today for help.