Defective Drugs in Oklahoma: How Do They Relate to Medical Malpractice?
Defective Drugs in Oklahoma
Defective drugs in Oklahoma have been a legal and ethical problem since the passage of the Food, Drug, and Cosmetic Act in 1938. Until this time, the FDA had limited authority to regulate the quality of pharmaceuticals, so manufacturers were able to make their own standards for effectiveness and safety.
This changed in 1962 when Congress authorized stricter regulation in terms of effectiveness and safety of medicines. Since then, the FDA has monitored drug manufacturers to determine whether they are following all applicable laws and codes regarding drugs, packaging, and labeling.
Being a victim of medical malpractice in relation to a defective drug, may give you legal recourse. Get in touch with the Burton Law Group — consult a knowledgeable and experienced OKC medical malpractice attorney.
How Do Drugs Relate to Medical Malpractice?
When harm results from the use of a prescribed drug (medical device) or the drug is defective, multiple parties may be at fault. They include but are not limited to the:
- Pharmaceutical Manufacturer
It could be the fault of the pharmaceutical manufacturer for a wrong formulation, or the wrong placement of drugs in the package. Drugs approved for public consumption must be rigorously tested for safety and effectiveness. If you have a condition and receive a drug for the different a different one that harmed you. You may demand compensation in this case.
In some cases, the pharmacy may have sold you the wrong drug. Pharmaceutical experts and their staff have strict protocols they must follow to ensure accidents like this do not happen.
3. Doctor (who made the prescription)
While most doctors understand the drugs they prescribe very well, they may have prescribed a defective drug. Or without fully understanding the intended use, effects, and risk factors, the doctor mistakenly prescribed a drug — this would be considered medical malpractice.
There are other ways that a medical establishment may be at fault for harm done to patients as a result of the improper application of drugs. The true cause can sometimes be difficult to establish. Sometimes a medical error is to blame, and sometimes the harm caused can be classified as an acceptable or known risk.
Do Recalls Affect Medical Malpractice?
When there is a drug recall, doctors get notified immediately so that they do not prescribe it to patients anymore. If a recalled drug is still prescribed, the pharmacy and the doctor are responsible for not preventing the drug from reaching the patient.
Can I Sue if I am Prescribed Defective Drugs?
When you are ill and need medicine or a medical device to mitigate symptoms and improve your quality of life — you trust the knowledge and training of the doctor who prescribes. But the fact remains that there are drugs and medical devices that can and do cause injury to you.
It is important to understand that medicine is not a perfect practice. There is always some risk with any medical intervention, no matter how minor it is. This is considered a reasonable margin of error.
However, medical malpractice can, at times, look like a reasonable medical error even if it is not. When this happens, the victims need professional and legal help from an OKC medical malpractice attorney to discover the truth.
How an Attorney Can Help You
If you received a prescription of a recalled drug and incurred damage as a result, you should consult a medical malpractice attorney as soon as possible. We, at Burton Law Group, have encountered cases involving wrong medication(s) being administered and we can help. If you have been the victim of medical malpractice OKC, we can help you recover for the harm and damage a defective drug may have caused you.
Contact us today and let experienced malpractice attorneys from our group handle your case. We’re Here to Help!