Determining Liability
In defective and dangerous drug cases, liability typically indicates one of two types of claims. These cases are usually handled either as product liability cases or medical malpractice cases. By consulting with experts in the fields of manufacturing, design, chemistry, medical care, pharmaceuticals, and marketing, we can determine the cause of the accident and establish liability.
Product Liability
Manufacturers, designers, and distributors have an obligation to ensure their products are safe for the public. This is true for medical and pharmaceutical products as well. If it can be shown that a drug is dangerous as a result of a manufacturing or design defect (such as pain patches), or that potential risks were not made aware to the public, a product liability claim may be indicated.
Medical Malpractice
Medical professionals, including doctors, nurses, and pharmacists, have a professional obligation to abide by a reasonable standard of care. When providing treatment, these professionals owe a duty to their patients. If they fail to provide this duty due to negligence or woefully reckless actions, they can be held liable for injuries that result from their failure.