The Food and Drug Administration (FDA) has a regulated procedure for approving drugs before they can be used as intended. However, FDA approval does not guarantee a drug’s safety. The FDA approves some drugs despite having potentially harmful side effects based on the belief that their benefits outweigh the risks.
In other cases, the FDA may approve a medication for a specific purpose. However, doctors might prescribe it off-label or for other uses that were not originally intended. Additionally, a drug that seems safe at first might later reveal side effects that emerge years down the line.
If you have suffered harm due to a medication, whether it is a prescription drug, an over-the-counter medication, or a dietary supplement, you might have a legal case. The manufacturers are typically at fault in these cases, but third parties like doctors and pharmacists may also be liable.
A Columbia dangerous drugs lawyer at Whetstone Perkins & Fulda could assess your situation and advise you of potential remedies. Call our law office today to speak with a dedicated personal injury attorney.
Why FDA Approval Does Not Mean a Drug Is Safe for Everyone
Obtaining approval to launch a new drug or use an existing drug for a new purpose can be challenging for manufacturers. They must conduct research to evaluate the drug’s effectiveness and potential side effects, encompassing any effects beyond the therapeutic benefit. Most drugs have some side effects, ranging from mild to deadly, and their presence does not mean the FDA will not approve them.
A significant issue with medication is that once the FDA approves it, healthcare providers can prescribe it for various reasons. This practice, known as off-label prescribing, involves using a medication for purposes other than those it was initially approved for. Many doctors effectively use off-label prescribing to address different conditions.
Regardless of whether prescription drugs are used as intended or prescribed off-label, they can cause severe, long-lasting injuries. An experienced dangerous drugs lawyer in Columbia could help individuals assess the long-term impact of these injuries.
Proving Dangerous Drug Claims
One of the main challenges in a dangerous drug claim is demonstrating that the medication is responsible for the injuries, mainly when those injuries are not listed as known side effects. Before initiating a lawsuit, an attorney must work with the patient’s medical team to assess the complete scope of the damages.
Proving that a drug is dangerous is easier if it is a black-box drug. Referring to medications that have been identified by regulatory agencies, like the FDA, as having significant risks of severe or life-threatening side effects, prescribers should be cautious when prescribing black box drugs.
Potential Damages in Hazardous Drug Cases
Your claim is not based on the black box warnings but on your own experience with the dangerous drug. Potential damages may include the following:
- Medical expenses and future costs
- Lost wages
- Diminished earning capacity
- Pain and suffering
- Emotional distress
- Loss of consortium
A Columbia lawyer who handles dangerous drugs could assess your injuries and determine whether a claim is plausible.
Talk to a Columbia Dangerous Drugs Attorney Today
It is not unusual to experience side effects when using a medication. Some of these are minor and go away when you stop using the drug. However, dangerous drugs are different and can lead to severe, long-term injuries.
If you have suffered damages from a hazardous substance, you have legal options available to you. Arrange a consultation with a Columbia dangerous drugs lawyer today to learn more.