How can I find out if a medication I have been prescribed is dangerous?

Always ask your physician questions you have about medications he or she prescribes you. You should also ask your pharmacist about any possible risks and instructions on how to take your medications. If you are already taking a medication and would like to make sure it is still safe, check with the FDA Web site or the MedWatch Web site for updates on dangerous drugs.

The label on my prescription had the incorrect dosage instructions. Who is liable?

It depends on the facts of your case and when the error occurred. Your doctor has a responsibility to write your prescription correctly, and the pharmacy that dispensed your medication has a responsibility to know the properties of the drugs they sell and to ensure the label reflects their knowledge.

Does my doctor need to inform me of all options when it comes to prescription drugs and medical devices?

The doctor should inform you of alternative treatments so that you can exercise your right to make an informed decision about your health care options.

Do I need a lawyer if I believe I may have a claim?

Due to complex issues involved in dangerous drugs claims, discussing your case with an attorney is a good way to ensure a thorough evaluation of your case. Our attorneys are knowledgeable in drug law may and can help you receive appropriate compensation.

I purchased prescription drugs from another country, what recourse do I have in the US?

Legal rights arising from the purchase of foreign drugs may differ from the rights you have when you purchase drugs in the United States. To learn more about your options, contact our firm to schedule a consultation with one of our attorneys.

Who may be liable for my injuries?

The liability for a dangerous drug depends on the individual facts of your case. If the defect is in the design, development or manufacturing of a particular drug, the manufacturer may be liable.

If the drug or medical product is not shown to be defective or unreasonably unsafe due to manufacturing, the physician or pharmacist may be at fault. Doctors may also be liable for off-labeling, using a drug for non-FDA-approved purposes. Although this practice is legal, liability may be found when incorrect dosages are prescribed, contradictory medications are used or the patient is not warned of risks associated with the unapproved treatment.

Before dispensing medications, a pharmacist must warn customers of any potential dangers associated with their prescription; a failure to do so may give rise to liability. A pharmacist may also be liable for practices incorrectly labeling a drug, dispensing the wrong dosage or providing insufficient instructions.

If you feel you have been injured by a dangerous drug, a negligent doctor or a pharmacist error, contact one of our attorneys to determine whether you may have a claim.

How do I pay for legal assistance in my defective drug claim?

Attorneys who handle defective drug claims are usually paid on a contingency basis. This means that you don’t have to pay anything unless and until we win your case. Our fees will be deducted from your settlement or award. If there is no recovery, our attorneys don’t get paid.

How do I choose the lawyer that is right for me?

You should look for a law firm that has a record of litigating and winning difficult cases. Some lawyers just try to settle your claims quickly and do not want to go to trial. Companies representing these large drug manufacturers and their lawyers know this and don’t offer big settlements. At the Ferraro Law Firm, we are not afraid to go to trial and we’ll keep fighting to get you the money damages you deserve.

What can I do?

The right to take legal action against a negligent party following an injury is not an indefinite one. Injured parties must file a claim within the time limit prescribed by the statute of limitations relevant to their particular case. These time limits vary depending on the type of claim that is being filed. Therefore, if you believe that a medication has robbed you of your health and well-being, you should immediately contact one of our attorneys, who will timely determine whether you have a valid claim. You should also keep any prescriptions, medical labels and any other materials that may help establish liability.