In this day in age, we have the benefit of easy access to drugs designed to improve our health. However, the unfortunate reality is that drugs are sometimes negligently designed, manufactured, or distributed and can lead to serious damages. If you endured a defective drug injury, read on to discover how an experienced Toronto product liability lawyer at Merricks Law Group can help you identify the appropriate party to sue against.
Who is the at-fault party for my defective drug injury?
Most commonly, drug manufacturers are the at-fault party for defective drug injury claims. Examples of defenses you can take read as follows:
- Unsafe design: manufacturers are legally obligated to ensure their drugs are safe for public use. You must prove that there was a safer and economically feasible way to make the drug that would not hinder its usability.
- Negligently manufactured: manufacturers are responsible for ensuring that they follow the blueprints provided by drug designers. You must prove that they diverged from these guidelines to either cut costs or save time, and thus the drug became unsafe.
- Failure to warn: manufacturers must include written warnings about potential hazards and instructions on how to use and not use the drug. You must prove that there was no clear marketing that would have otherwise prevented the accident from occurring.
Other times, drug distributors may be the responsible party if the drug became defective during the distribution process.
And sometimes, the responsible party for a drug injury is a negligent doctor or pharmacist who prescribed or supplied the incorrect medication. In this case, you may be eligible to file a medical malpractice claim with the assistance of a skilled Toronto medical malpractice lawyer.
If you are still uncertain about who should be held responsible for your defective drug injury, do not hesitate in reaching out to a seasoned Ontario personal injury lawyer today who can help you identify the at-fault party to file against.
What steps should I take for my defective drug injury claim?
It may be tempting to simply throw away the defective drug after enduring pain and suffering from your accident. However, this would be a mistake, as this is a vital piece of physical evidence for your defective drug injury claim. Instead, it is best that you preserve the drug in a place where it will not pose harm to anyone. But at the very least, you should take photos of the drug, the packaging, and the damage it caused.