Fort Lupton Dangerous Drugs Lawyer
When faced with sudden or chronic illnesses, we rely on modern medicine, in the form of prescription or over the counter medication, to make us feel better. Unfortunately, sometimes instead of making us feel better, those medications can make us even sicker.
If a drug causes an injury to you or someone in your family, reach out to a trusted injury attorney. A Fort Lupton dangerous drugs lawyer in dangerous to see what can be done to help you recover damages for your injuries.
Responsibility of Drug Manufacturers
If a drug injures someone, they may be entitled to recover damages from the pharmaceutical company that manufactured the drug. Manufacturers have a duty to ensure that their drugs are safe. If a drug manufacturer is aware of a possible side effect of a drug and fails to disclose that side effect or fails to put sufficient warnings about a dangerous side effect on the drug’s packaging, then an injured party could be entitled to damages from that drug manufacturer. Additionally, drug manufacturers can be found negligent if a drug that they manufactured is determined to be unsafe due to its original design or due to poor manufacturing.
According to Colorado Revised Statutes Sections 13-80-101 and 13-80-102, victims must file a lawsuit against the drug’s manufacturer within three years of the date of the discovery of the injury, or within two years of a wrongful death. An injured person could recover compensation for actual economic damages with no cap. According to CRS §§13-21-102.5(3)(a) and 13-21-102.5(5), there is a cap on non-economic pain and suffering damages.
Proving Negligence Against Medical Professionals
Doctors need to look at every patient’s medical history before prescribing medication. They also need to consider if a patient has drug allergies and also if a patient is currently taking any drugs that could negatively interact with a new medicine. If a patient becomes sick after a doctor failed to determine that a drug was safe for that particular patient before prescribing it, then that patient can conceivably recover damages against the prescribing doctor. A qualified Fort Lupton dangerous drugs lawyer can help navigate through complicated medical records to determine if a doctor was negligent in prescribing or administering the wrong medication or dosage.
According to CRS §13-80-102.5, medical malpractice victims must generally file a claim within two years from the date of the injury, or from when the injury is discovered. Even if the injury is not discovered immediately, according to Colorado law, a lawsuit must be filed within three years, with very few exceptions.
Shared Liability in Fort Lupton
Colorado courts might take into consideration if a person who has been injured by a drug was at least partially responsible for their own injury. The court will consider if the injured person somehow contributed to their injury, such as by not taking the drug exactly as prescribed by the doctor. According to CRS §12-21-111, there is a rule of comparative negligence. The court will reduce the amount of damages a victim can recover in direct proportion to the degree of fault of the injured party.
Make an Appointment with a Fort Lupton Dangerous Drugs Attorney Today
If you or your family member became ill after taking a medication, call a Fort Lupton dangerous drugs lawyer as soon as possible to determine if you can potentially recover damages. An attorney has the necessary experience and compassion to guide you through the legal process and pursue damages against the responsible parties. To get started on your case, be sure to schedule a consultation today.