You or your loved one could experience harm from taking a dangerous medication due to a doctor’s negligence. While you cannot prevent these incidents from happening, you can pursue the compensation you deserve with the help of Elstein Legal.
We take medications, both prescription and over-the-counter, to improve our health and relieve symptoms. Many of us don’t even stop to consider the idea that a medication, when taken properly, would harm us. Unfortunately, sometimes drugs are dangerous and can lead to everything from mildly unpleasant side effects to death.
It’s crucial that the responsible parties be held accountable when this happens. If you’re from the Miami area, and you or a loved one has suffered harm caused by a dangerous medication, you need to hire a dangerous drug lawyer in Miami to pursue the compensation you deserve.
At Elstein Legal, Miami dangerous drug attorney Brian L. Elstein will review your case, determining whether legal action is warranted. If so, he’ll work tirelessly to ensure you get proper representation.
Why Hire Elstein Legal?
Personal injury lawyer Brian L. Elstein has helped recover millions of dollars on behalf of his clients, and understands the importance of aggressively advocating on their behalf.
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Dangerous Drugs in Miami: How They Get Into Patient and Consumer Hands
There are many reasons a medication that’s supposed to yield a positive effect actually ends up harming its user, even when the user took the medication as instructed. The following are some of the more common:
- Insufficient testing: Companies that make drugs need to test them thoroughly to ensure they’ve identified any potential side effects and risk factors. Sadly, not all companies do so.
- Misrepresentation: The above example describes companies failing to test their products thoroughly enough. However, there are also instances when drug companies do perform sufficient testing, but they conceal or misrepresent the results of their tests to get their products on the market more quickly.
- Manufacturing defects: Sometimes, had a drug been manufactured properly, it would be safe, but it instead became dangerous as a result of a manufacturing error. For instance, these errors can result in unsafe ingredients making their way into drugs.
- Improper marketing: It’s the responsibility of those involved in marketing drugs to provide consumers with sufficient warning about any potential risks associated with using them. Sometimes they don’t fulfill this responsibility. Similarly, labeling errors can prevent consumers and patients from understanding that a particular drug may be dangerous.
Those are just a few reasons drugs can cause unexpected harm. The consequences of them doing so may be dire.
Potential Consequences of Dangerous Drugs to Miami, FL Locals
Dangerous medications can inflict various types of harm on patients. Examples include:
- Birth defects: It’s not always the case that the individual taking a drug is the one most directly harmed by it. Sometimes, a pregnant woman taking a dangerous drug can give birth to a child with a birth defect.
- Cardiovascular problems: One of the more common side effects of dangerous drugs is cardiovascular distress, such as stroke, heart attack, or fatal heart rhythm.
- Kidney problems: Kidney failure and related problems have also been historically linked to dangerous medications.
- Nervous system/brain problems: Some drugs can paralyze patients or otherwise negatively affect the nervous system. Others can cause brain damage.
- Shock: Anaphylactic shock, an allergic reaction that may be fatal, can be the result of taking a dangerous drug.
- Mental issues: Often a side effect of taking anticholinergic drugs, used in the treatment of various conditions, is mental problems such as memory issues, confusion, and hallucinations, which can also affect victims.
Such examples clearly illustrate that taking a dangerous medication can result in consequences far more significant than some minor discomfort. This is one of the key reasons victims should work with a dangerous drug attorney in Miami to pursue justice when they’ve suffered harm after taking a drug. Securing compensation doesn’t merely help a victim manage the difficulties they may experience after using a dangerous medication. In some cases, it can also deter the liable parties from being similarly negligent in the future. This helps protect others who may have endured the same harm had legal action not been taken.
However, holding the liable parties accountable first requires determining who the liable parties are.
How Dangerous Drug Lawyers in Miami Prove Liability
If you’re looking for a Miami, Florida dangerous drug attorney to represent you, there’s a good chance this is your first time you’ve considered filing this particular type of lawsuit. Thus, you might naturally have some questions. For instance, you may be wondering precisely who is liable in your case.
The answer depends on why a drug was unreasonably dangerous in the first place. Additionally, it’s important to understand that, while the FDA is technically the government agency responsible for approving and regulating medications, you can’t sue the FDA. As a government agency, the FDA falls under the protection of sovereign immunity.
Who Can Be Held Liable?
Luckily, the right personal injury lawyer in Miami, Florida will help you identify who it is you can sue. Liable parties may be:
- Drug companies: There are several reasons you may be able to successfully hold a drug company liable if you experienced a negative reaction after using one of their products. However, you’ll need to work with a skilled Miami dangerous drug law firm to do so. Because all drugs have the potential for some side effects, you need to prove the company’s negligence prevented you from reasonably being aware of the relevant side effects. You also need to determine whether a negative reaction was linked to an actual side effect, or, for instance, a manufacturing error.
- Physicians: There are cases in which a doctor may be at least partially at fault when a dangerous drug harms someone. If a doctor was negligent when prescribing a drug, perhaps by prescribing it for an off-label use or failing to explain certain risk factors to a patient, they may be liable. This type of case is actually a medical malpractice case, and not necessarily a dangerous drugs case. Fortunately, Elstein Legal is the type of personal injury law firm in Miami that handles both. If you’re not sure whether your case counts as a dangerous drug lawsuit or a medical malpractice lawsuit, we’ll clarify the issue, and provide representation for either type of case.
- Pharmacists: Pharmacists also have a duty of care to protect anyone taking a medication. Sometimes their negligence contributes to problems resulting from taking a dangerous drug, including filling your prescription with the wrong medication.
Why A Miami, Florida Dangerous Drug Attorney is Essential
Getting help identifying who the liable parties are in your case is just one reason you need to hire a qualified dangerous drug lawyer in Miami, Florida if you want to pursue compensation. You also need to prove that any harm you suffered was in fact the result of taking a dangerous drug. Again, you may need to establish that you weren’t responsible for your own suffering as well. You don’t want a liable party successfully arguing you improperly took a dangerous drug if that’s not actually true.
Facing the Drug Company’s Representation
In dangerous drug cases, the liable parties also tend to have substantial financial and legal resources at their disposal. They’re ready to employ various defenses. Effectively responding to those defenses requires significant legal expertise. After all, you likely never expected you’d ever be involved in a dangerous drug lawsuit in Miami. A large drug company, however, is almost certainly prepared for just these types of circumstances. This gives them a massively unfair advantage if you don’t have a strong attorney on your side.
Getting Fairly Compensated
You should also consider how working with a dangerous drug law firm in Miami will optimize your chances of getting the full amount of compensation to which you’re entitled. Some plaintiffs don’t realize they may be entitled to more than mere compensation for their medical bills and related financial losses.
For example, perhaps you took a dangerous drug that caused a stroke. Now, you may no longer be able to work, your mobility might be limited, you may find it very difficult to communicate, and much more. These all amount to a significant decline in quality of life that can involve major emotional and physical pain.
Fortunately, it’s often possible to account for these types of consequences as well when calculating total damages. Possible, but not easy or intuitive if you don’t have the proper legal background. You need to coordinate with a Miami, FL dangerous drug attorney who knows how to apply specialized methods to calculate exactly what you deserve.
Focus Your Energy Elsewhere
On top of all that, there’s a good chance you’re currently going through a difficult time if you’re struggling with the consequences of taking a medication you didn’t expect to cause harm. You need to unburden yourself any way you can right now in order to focus your energies on recovering. Luckily, when you choose Elstein Legal as your Miami, FL dangerous drug law firm, you’ll get legal representation from an attorney who cares deeply about helping clients receive proper compensation for their struggles.
Why Choose Elstein Legal to Represent your Case?
Since opening Elstein Legal in 2018, Miami personal injury attorney Brian L. Elstein has recovered millions on behalf of his deserving clients. A cum laude graduate of Nova Southeastern University, Brian Elstein honed his skills early as a member of the Nova Trial Association.
Today, he is recognized by The National Trial Lawyers as a Top 40 Under 40 Lawyer in Florida and has been selected to the 2022-2023 Florida Rising Stars list by Super Lawyers Magazine – a distinction given to only 2.5% of attorneys in Florida, and named 2022 Best Litigation Attorney by Expertise.com.
Contact Us for a Free Consultation
If you have injuries due to someone else’s negligent behavior, you deserve compensation to help recover from your injuries. At Elstein Legal, we can help you with all aspects of your claim, including going to trial if necessary to ensure you get what you need.
Call us at (305) 299-2835 or contact us today for a free consultation to discuss your case. There is no fee unless we win your case.