Manor Dangerous Drugs Lawyer
Drugs and pharmaceuticals have the power to treat and cure some of the worst medical conditions, but also carry the potential to cause greater harm through unpleasant side effects. When you or a loved suffer injuries from taking drugs, you may be able to pursue damages from those who failed to provide proper care to you in their prescription. A Manor dangerous drugs lawyer can provide counsel and pursue compensation from manufacturers and others who could be liable for drug-related injuries. Call one of our experienced personal injury attorneys today to learn more.
How the State Classifies Dangerous Drugs
The Texas Health and Safety Code § 483.0001(2) defines dangerous drugs as those unsafe for self-medication and not already listed under certain sections of the Texas Controlled Substances Act. In other words, these are drugs that require a valid prescription from a physician and meet other requirements under federal agencies like the Food and Drug Administration (FDA).
The Potential Harm In Taking Dangerous Drugs
When people consume prescribed drugs from their local doctor or pharmacy, there is an assumption that they won’t cause harm when following necessary dosages and other instructions. However, the risk of dangerous prescription drugs could potentially cause physical harm to unsuspecting people and their families. Among these risks are:
- A possibility for addiction
- Painful side effects
- Onset of other medical conditions
- Cancers
Some of these painful consequences from dangerous drug prescriptions happen instantaneously while others develop over years of use. In either case, the harm can be sudden and severe. A Manor attorney specializing in dangerous drug cases can help gather evidence in pursuing these types of claims against manufacturers and doctors.
Product Liability for Injuries from Consuming Dangerous Drugs
Dangerous drugs require the trust and oversight of medical professionals who test, manufacture, approve, and authorize them for human use. These groups can have product liability under Texas’ tort laws for pharmaceuticals when they fail to warn or inform of its dangers. However, Texas Civil Procedure and Remedies Code § 82.007 imposes a presumption against liability to the manufacturers, distributors, and prescribers of pharmaceuticals unless certain facts exist. A person injured from dangerous drugs can overcome this presumption through any of the following:
- The drug was sold after the effective date of an order to remove it from market
- The drug was sold or marketed for a use that was not FDA-approved
- The manufacturer withheld or misrepresented material information about the pharmaceutical’s performance that contributed to the cause of injury
A doctor can also have liability when failing to exercise standard care in prescribing a person the medication. For example, by not considering a person’s other conditions and medications that can cause negative, unintended consequences.
After a dangerous drug injury, it is important to keep all information and evidence related to the prescription. This can include medication bottles or packaging in addition to any care instructions or guidelines. With claims of product liability for medicine, liable parties may argue the reason for the injury was not the medication itself but was from the injured person’s misuse of it. Keeping relevant documentation and packaging can help to refute these types of claims. A lawyer in Manor could help a dangerous drugs claimant use this information to pursue damages.
Contact a Manor Attorney Knowledgeable in Dangerous Drugs For Assistance
The filing deadline for an injury from dangerous drugs is two years from the date of incident causing injury. In the case of a pharmaceutical, this is generally the date when you discover the injury. A Manor dangerous drug lawyer can help you preserve your rights for filing a claim and investigating the potentially liable persons or companies. After starting an action in state or federal court, we can advocate for available compensation at trial or attempt a more favorable settlement that could provide faster financial relief. Call one of our seasoned attorneys today to schedule a consultation.
