Dangerous Medical Devices
Personal injury law covers a wide variety of circumstances in which people suffer damage to their health and well being due to negligence by another party. One of the specialities that licensed attorneys can practice is that of personal medical injury. In these cases, injury is suffered due to the use of misuse of medical devices, malpractice of medical science and skill, inadequate safety precautions, inadequate policies and guidelines to avoid adverse complications of health care, and inadequate study or inappropriate prescription of dangerous drugs.
Pharmaceutical liability law is a particularly complicated. It involves complete familiarity with the legal aspects affecting a case, such as specific statutes enacted to protect patients from harm, both at the federal and state level. It also involves knowledge of advisories issued by the U.S. Food and Drug Administration (FDA), professional associations, such as the American Medical Association (AMA), and medical specialist societies, like the College of American Pathologists (CAP). Personal medical injury lawyers keep abreast of the latest published discoveries in medical science in journals such as The Journal of the American Medical Association (JAMA), or The Journal of Clinical Pharmacology (JCP).
Medical injury lawyers understand and practice in the field of law, but they also understand the issues developing in the field of medicine. An experienced, professional team of experts is assembled to investigate personal medical injury claims. Besides attorneys and paralegal staff, physicians, nurses, technical advisors, and health information management professionals are employed to assemble data and present the strongest case possible on behalf of a client who has suffered injury due to interaction with the healthcare system.
Lawsuits can be filed individually or they can be filed on a class action basis. Individual claims navigate the courts on behalf of only a single defendant. The client’s testimony is taken, supporting documentation is assembled in the form of medical records, relevant published clinical trials, statements and advisories from government agencies and professional associations, and guidelines provided by pharmaceutical and medical device manufacturers. Additional supporting documentation can include follow-up studies published in professional medical journals, case law and applicable precedents, and professional medical testimony by an outside expert.
No one should suffer injury or negative impact on quality of life due to the use of potentially dangerous prescribed drugs, through the misuse of contraindicated therapies, or through lax oversight of a their treatment plan. Product liability and medical personal injury lawyers specialize in establishing a chain of responsibility when medical mishaps occur. The fault may lie with a drug manufacturer, it may lay with a prescribing physician, or with a dispensing pharmacist. The institution in which injury occurs may also be at fault, such as a skilled nursing facility, an inpatient rehabilitation hospital, an outpatient surgical center, a home health agency, or an inpatient teaching institution.
An injury can be minor or major. What legally constitutes injury is that a person’s life or livelihood, their activities of daily living, or their overall quality of life is negatively impacted through no fault of their own. Onerous financial expenses to correct an adverse, predictable side effect constitutes injury. Permanent or temporary loss of employment or wages is also an injury. Cognitive defects, memory loss, functional loss of limbs or coordination, liver damage, kidney failure, and the development of comorbidities unassociated with the original medical condition being treated, are also personal injuries. Anything that negatively impacts a person’s quality of life and causes them to lose income, mobility, security, or that complicates their life to correct what happened due to negligence by another party, is an injury that qualifies for legal redress in the courts.
An attorney who specializes in personal medical injury can determine if a viable case can be presented for justified compensation. He or she can also determine if an individual case qualifies for participation in a larger class action suit. Class action lawsuits represent a number of plaintiffs with similar charges of negligence against a specific party. Class action law is often employed when an obvious pattern of negligence and abuse is apparent, when each plaintiff suffers from the same constellation of negative symptoms associated with a given therapy provided from a single source.
Dangerous drug class action suits are common because of the large number of people affected by prescription drugs that are issued without adequate studies being performed to prove their safety. Anyone who feels they have been personally injured by prescription drug use should consult with a reliable, proven legal team to determine if they are legally eligible for compensation according to statute, regulation, and the reasonable practice of medical science.