It is always possible to pursue a dangerous drug liability claim even if you may have contributed to the adverse effects, but it can complicate the case. Many dangerous drug claims operate on strict liability, which means that negligence does not have to play a role in the case, and the appropriate parties are held accountable.
However, these parties can try to blame you for causing the adverse actions if you willingly did something that you knew would cause harm. A dangerous drug lawyer in Dallas can help defend you against these claims and preserve your right to compensation.
Negligent Companies Producing or Recommending Dangerous Drugs Can Cause Harm
A dangerous drug liability claim arises when an individual suffers adverse effects or injuries caused by pharmaceutical drugs that were marketed and sold without adequate warnings about their risks or potential side effects. These claims typically fall under the broader legal category of product liability, which holds manufacturers, distributors, and sellers responsible for putting a defective or dangerous product into the hands of consumers.
Texas law on product liability, including dangerous drugs, is rooted in both negligence and strict liability theories. This means that a claimant can pursue a case by proving that the manufacturer failed to exercise reasonable care in the design, manufacturing, or marketing of the drug, or simply by showing that the drug is inherently dangerous when used as intended. The state requires that claimants demonstrate the drug’s defectiveness directly contributed to their injuries.
Sometimes, manufacturers, distributors, and other parties are held strictly liable, and victims do not have to prove negligence. It can be difficult to determine what legal theory will apply to your case.
What If I Caused Some of the Harm I Suffered?
Texas’ Proportionate Responsibility Law introduces a comparative fault system, allowing for the apportionment of fault among all parties involved in a lawsuit, including the plaintiff. Under this framework, a plaintiff’s ability to recover damages is contingent upon their degree of responsibility for the incident in question.
Specifically, if a plaintiff is found to be 51% or more at fault, they are barred from recovering any damages. However, if their fault is 50% or less, they can still recover damages, albeit reduced in proportion to their degree of fault.
This may provide some relief to victims who are worried they contributed to the adverse effects of a drug, but the party you’re trying to hold liable can exploit this. Even if you were not remotely at fault, the defendant’s lawyers may try to blame you anyway.
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Examples of Contributory Factors in Dangerous Drug Cases
When individuals take medication without a prescription or in a manner not recommended by healthcare professionals, they inadvertently increase the risk of adverse effects. This behavior not only jeopardizes their health but also complicates legal claims against drug manufacturers, as it introduces the argument that the plaintiff’s own actions contributed to the harm suffered.
Ignoring doctor’s instructions or warnings about the drug represents another critical contributory factor. Patients who disregard professional medical advice, such as dosage recommendations or potential side effects, might find their ability to claim damages diminished.
Furthermore, failure to disclose medical history or current medications to healthcare providers is a significant issue. This omission can lead to harmful drug interactions or contraindications, exacerbating the patient’s condition. In legal terms, this failure may reduce the manufacturer’s liability, as the drug’s adverse effects could be partially attributed to the lack of critical information from the patient.
These examples highlight the complexities of establishing liability in dangerous drug cases, underscoring the importance of patient responsibility in the context of medical treatment and legal recourse.
Establishing Liability Despite Contributing to the Adverse Effects
Establishing liability in dangerous drug cases, even with contributory factors present, revolves around demonstrating that the drug manufacturer or distributor acted negligently. This could be due to faulty design, improper manufacturing, inadequate warnings and instructions, or other factors. A lawyer can draw on experts and evidence to show that issues stem from how the drug was designed, tested, manufactured, and/or marketed.
Plaintiffs must gather comprehensive evidence, including scientific studies, internal company documents, expert testimony, and regulatory agency findings, to establish a causal link between the drug’s use and the harm experienced. This evidence must convincingly demonstrate that the manufacturer or distributor knew or should have known about the risks and failed to take appropriate action to mitigate them.
To minimize the impact of contributory negligence on a case, plaintiffs can adopt several strategies, including:
- They can emphasize the overwhelming responsibility of the manufacturer in failing to ensure the drug’s safety. Documentation and expert testimony can be pivotal in illustrating that, despite any contributory negligence, the primary fault lies with the manufacturer’s disregard for consumer safety.
- Plaintiffs can argue that the severity of the adverse effects far exceeds what might be expected from any contributory actions on their part. This approach requires a delicate balance of legal understanding and arguing to shift focus away from the plaintiff’s behavior and towards the manufacturer’s negligence.
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Don’t Let Drug Companies Intimidate You
Drug manufacturers often deploy a range of strategies to mitigate their liability, including asserting that the drug was used in accordance with federal regulations and that any adverse effects were the result of misuse or undisclosed medical conditions by the plaintiff. To counter these defenses, plaintiffs must be meticulous in gathering and presenting compelling evidence.
A critical step in overcoming these challenges is the collection of detailed evidence that supports the plaintiff’s claims and counters allegations of contributory negligence. This includes medical records, testimonies from treating physicians, and documentation of the drug’s usage according to prescribed instructions. Furthermore, maintaining a clear record of all communications regarding the drug’s instructions and warnings is paramount.
Expert witnesses play a pivotal role in this process. Medical experts can provide authoritative insights into the drug’s potential risks and the appropriateness of its warnings, while pharmacological experts can delve into whether the drug’s design or manufacturing process contributed to its danger. These experts not only help establish the connection between the drug and the adverse effects but also strengthen the case against the manufacturer’s defenses by providing scientific and medical credibility.
Dangerous Drug Lawyers Can Help You With Your Case
Just because you think you may have contributed to the adverse effects you experienced, does not mean you can’t pursue a dangerous drug liability claim. Call Loncar Lyon Jenkins today for a free consultation.