Medications are important in managing chronic conditions and short-term illnesses. The financial investment in these drugs is often significant, too, especially for those with long-term health needs. Unfortunately, not every medication works as intended. Defective drugs can cause harm instead of healing, leaving patients with serious medical issues and unexpected complications.
As defective drug attorneys in NYC, we’ve worked with many individuals facing these challenging situations, so we understand how overwhelming it can be. Defective drugs can lead to mounting medical bills, lost wages, and a deep sense of betrayal. These cases often come with complex legal and medical implications, but the good news is that you have options.
Here’s what you need to know about your rights in New York and the steps you can take.
Step 1: Prioritize Your Health and Safety
If you are experiencing serious side effects, the very first step is to seek immediate medical attention. Go to a hospital or clinic, and make sure to tell the medical professionals what medication you were taking and the symptoms you are experiencing. Instead of assuming your doctor will connect the dots for you, be proactive in explaining your concerns.
Once you’ve sought medical care, your doctor will advise you on whether you should continue or stop taking the medication. Do not stop taking a prescribed drug without consulting a doctor first, as abruptly discontinuing certain medications can be dangerous. Then, once you have spoken with a professional, follow their advice carefully.
You should also keep every piece of information related to your case, including:
- Medical records: A detailed record of your symptoms, diagnoses, and treatments
- Prescription information: The name of the drug, the dosage, the dates you took it, and the name of the prescribing physician
- A personal journal: A written log of your symptoms, how they have impacted your daily life, and any out-of-pocket expenses you have incurred
- Receipts: All bills for medical care, prescription refills, and other related costs
This documentation will provide an objective timeline of events and a clear link between the medication and your injuries.
Step 2: Understand the Basis for a Drug Injury Claim
Many people assume that if a drug is FDA-approved, it must be safe. Unfortunately, that is not always the case. There are three primary types of defects that can lead to a successful defective drug claim:
- Manufacturing defects: This occurs when a drug is contaminated or otherwise rendered unsafe during the manufacturing process. The drug itself may have a safe design, but a mistake at the factory makes it dangerous.
- Design defects: The drug itself is inherently dangerous, even if manufactured correctly. In these cases, the risks of the medication outweigh its benefits, and a safer alternative could have been designed.
- Failure to warn: This applies in situations where the pharmaceutical company fails to provide adequate warnings about the known or knowable side effects of the drug. Had you or your doctor been properly warned, you may have chosen a different course of treatment.
Sorting through these complex legal theories and gathering the evidence needed to prove them requires significant expertise. This is why the next step is so critical.
Step 3: Seek Guidance from an Experienced New York Attorney
If you believe a defective drug has harmed you, it’s important to consult a defective drug lawyer in NYC. You might be tempted to handle the situation on your own, but going up against a large pharmaceutical corporation is a formidable task. These companies are multibillion-dollar entities with teams of lawyers and resources designed to defend against every potential claim.
Dealing with drug injury claims in New York requires a law firm with a deep understanding of both medical and legal intricacies. An experienced attorney can:
- Investigate your case and identify the legal basis for your claim.
- Coordinate with medical professionals to establish a direct connection between the medication and your injuries.
- Manage all interactions with the pharmaceutical company and their insurance providers.
- Negotiate for a fair settlement or, if necessary, take your case to trial.
Trying to do this yourself puts you at a significant disadvantage.
How Keith D. Silverstein & Associates Can Help
At Keith D. Silverstein & Associates, we’ve spent years fighting as fierce advocates for the injured. Our firm was founded on the principle of leveling the playing field for those often disadvantaged for the system. We have built a reputation for our tenacity, personalized approach, and our commitment to our clients.Our dedicated team of personal injury lawyers has a proven track record of fighting for the rights of the injured. We work on a contingency-fee basis, which means you pay absolutely no legal costs unless we win your case. So, if you need trusted legal representation for your case, call us at (855) 478-3081, or reach us online.