How do these Lawsuits Work
Every day, dangerous drug lawsuits are filed in the courts. Some of these suits have justifiable merit. Others are considered frivolous by the judges who hear the cases. By employing a professional and experienced dangerous drug lawyer, a personal medical injury attorney, and a qualified staff of experts, a client can learn whether their case has merit or not.
Medical liability law encompasses a number of disciplines. It is informed by applicable federal and state statutes, legal precedents, and developments in the understanding of legal liability and negligence as it applies to pharmaceutical manufacturers, prescribing physicians, and dispensing pharmacists. Lawyers who specialize in medical liability law also keep abreast of the latest research in drug studies.
Pharmacology is a medical speciality apart from, but related to, other medical disciplines such as internal medicine, cardiology, immunology, rheumatology, psychiatry, and reproductive medicine. A pharmacologist studies the mechanisms of action that individual drugs have on the human body. Drugs are marketed to promote their beneficial effects while acknowledging that undesirable side effects may be experienced, even when medications are taken as directed. A pharmacologist studies drugs directly, but he or she mostly relies on reported data submitted and published by other medical specialists who use these drugs in direct clinical practice.
Double-blind clinical trials are conducted before any drug is introduced to the general public. The results are submitted to the U.S. Food and Drug Administration (FDA) for approval. The FDA approves or rejects drugs based on the evidence presented. FDA approval does not guarantee the safety of any particular drug. It is only a judgement that the probable benefits outweigh the potential adverse side effects. Prescribing physicians are responsible for monitoring their patients’ condition while using a drug.
Dangerous drug lawyers review the ongoing findings published by pharmacologists and other medical practitioners. They recognize the trends in reported side effects, and they monitor the judgements and advisories issued from the FDA and professional medical associations. They are fluent in the language and science of medicine in order to understand the underlying issues that may potentially negatively impact their legal clients.
Medicine is practiced by physicians, but law is practiced by attorneys. When people feel they have been suffered a negative impact on their quality of life, they should consult a licensed attorney to seek legal compensation for damages incurred through no fault of their own.
Personal medical injury lawsuits are filed every day in every jurisdiction. Some are filed in state courts, while others are filed in federal courts, depending on the scope of the damages suffered. Medical malpractice suits are filed in state courts. Individual product liability suits can be filed in either state or federal court. Class action suits are filed in federal courts, as a general rule.
What kind of suit is most appropriate can be determined by a professional dangerous drug lawyer or medical liability attorney. When a dangerous drug lawsuit is filed, a team of related experts is assembled to review and construct a case. These professionals include attorneys and paralegals, but also nurses, case managers, technical advisors, medical experts, and health information professionals. A client’s medical record is obtained and reviewed. Applicable published clinical trials, studies, and professional, peer-reviewed articles are assembled to support the client’s legal action. The quality of the evidence determines whether a suit will be adjudged meritorious or frivolous. Expert legal preparation makes the difference.
Anyone who feels they have been personally injured, directly or indirectly, by prescription drug use is advised to contact and consult with a reputable dangerous drug lawyer. If compensation is justified, the attorney, and his or her staff of experts, will work aggressively on the client’s behalf to obtain it. If the their is a flaw in the evidence or the argument, a professional attorney can provide guidance to improve the chances of a case’s outcome, or to advise that a case is not worth pursuing. There is no substitute for competent professional legal counsel, especially when dangerous drug lawsuits are involved. There are many issues involved that only an experienced attorney can navigate successfully.