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How Do You Prove a Dangerous Drug Liability Claim?

Medicines have helped innumerable people suffering from illnesses and have even saved lives, but defective drugs sometimes can be worse than the diseases they were meant to alleviate. Drug companies are required to test their products for safety and effectiveness and to warn of potential side effects. If they fail in these duties and you are injured by a defective drug, you might have a valid basis for a lawsuit against the manufacturer and others involved in bringing the drug to market.

In order to win a suit against a drug company, you must prove that:

  • The drug you used was defective
  • You used the drug more or less as it was intended to be used
  • You suffered injuries as a result of the defective condition of the drug

There are three main ways in which the drug may be defective:

  • It was designed in a way that made it unreasonably dangerous
  • A mistake occurred in the manufacturing process that made it unreasonably dangerous
  • It lacked sufficient warnings or instructions, which caused the customer to use it in an unsafe manner

In a prescription drug liability case, you don’t have to prove that these defects were the result of negligence, but you must be able to show that the drug could have been safer but for the defect. An expert witness will likely be necessary to substantiate this part of the case.

Proving you used the drug as directed is comparatively easier. Your testimony is likely to be sufficient on this point. Medical evidence might be required in some cases, however, such as to show you didn’t have a medical condition that, according to the drug label’s warnings, made the drug dangerous for you to use.

Finally, you must prove that there is a causal link between the drug defect and your injuries. This is certain to require medical testimony, because your injuries must be determined by a doctor’s diagnosis.

The products liability attorneys at Lyons & Lyons in San Antonio, Texas are experienced in handling prescription drug liability cases of all kinds. Through investigation, trial preparation and use of qualified experts, we build the strongest case possible against the drug company responsible for the harm you have suffered. If your doctor is at fault for prescribing the drug improperly, we can bring a medical malpractice suit as well. For more information or to discuss your potential case, call us at 210-225-5251 or contact us online.

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