When many people think of personal injury cases, their minds drift toward situations like injuries associated with auto accidents or slipping on a wet floor in a retail establishment. In fact, personal injury situations can occur in a number of settings and for all sorts of reasons. One of those is the use of what is known as defective medication. Here is some information about this type of case and what a personal injury lawyer in Orange VA can do to help.
Understanding What is Meant by Defective Medication
The term refers to medication that produces harmful side effects even as it provides some degree of relief for a diagnosed health condition. A key factor has to do with whether or not those side effects were known to the patient. If the manufacturer has provided documentation that outlines the known side effects, and the effect that the patient is experiencing is listed in that documentation, the medication is not legally considered to be defective.
When Does the Patient Have Grounds For Taking Legal Action?
Should the medication trigger a side effect not included in the warnings provided by the manufacturer, there is a good chance the client has a case. This is particularly true if the results of the effect have led to diminished capacity. For example, if the side effect has made it impossible for the patient to work for a period of time, that means reduced or no income. A Personal Injury Lawyer in Orange VA can file a suit intended to replace the income lost as the result of taking the medication and, possibly, come additional compensation based on what other aspects of the patient’s life have been negatively impacted.
If the results of taking the medication have led to long-term conditions the patient will live with from now on, covering the lost income is not sufficient. In this scenario, the lawyer will seek damages designed to ensure the client has the means to receive medical treatment and maintain an equitable standard of living in the years to come.
When the individual has reasons to believe medication is the underlying cause for the development of a health issue, schedule an appointment today. Bring along any documentation that provides insights into the situation. After examining the relevant documents and doing a little investigating, the lawyer will provide the client with advice on how to proceed.
