If you are sick or hurt, medication can be a crucial element of your treatment and care plan. But if your medication doesn’t work and ultimately causes more problems, could someone be legally liable?
As is often the case, the answer is: maybe. First, you need to answer a couple of big questions.
Why didn’t the medication work?
Despite our hopes and best efforts, pharmaceuticals don’t always work the way our doctors and we want them to. In some cases, a drug is ineffective for reasons like:
- Missed doses
- Improper administration by you (taking them at the wrong time or in the wrong way)
- Lifestyle factors (eating certain foods, smoking or physical inactivity
- Undiagnosed medical conditions
- Nature of the condition
Under these circumstances, another party may not be liable for an ineffective medication. It could come down to bad luck or the limitations of medicine.
However, when medication isn’t working because of misconduct, mistakes or negligence, one or more parties could be to blame.
Who was responsible for the medication?
Several people play some role in getting medication into your hands, and the actions or inaction of any of them could make the drug ineffective.
- Drug makers may develop a drug that becomes ineffective for its intended purpose.
- Drug companies could fabricate the curative properties of the drug.
- Manufacturers could make a mistake in the ingredients.
- Healthcare facilities could give someone compounded drugs that do not work.
- A doctor could prescribe something that won’t work because they don’t conduct proper tests or take your complete medical history into account.
- A nurse may administer medicine without authorization.
- A pharmacist could give you the wrong prescription or instructions.
In these situations, these parties could be liable for any damages resulting from the ineffective drug. These damages could include lost wages, emotional distress and any additional expenses stemming from the extra care you may need.
Determining why medication is ineffective and who may be to blame can be incredibly complex, especially when you are also coping with a serious health condition. Thus, reaching out to medical and legal professionals for information and guidance can help you get the answers you deserve.