Info Center: Drugs & Medical Devices

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Frequently Asked Questions about Drugs and Medical Devices

Q: Who is liable for harm suffered from prescription drugs?

A: Depending on the facts of your case, liable parties can range from drug and medical device manufacturers, to your treating physician, to the pharmacy that dispensed the medication.

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

A: Always ask your physician questions you have about medications he or she prescribes you. Also ask your pharmacist about 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.

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Defective Drugs

When a consumer receives a prescription for medication from his or her physician he or she would likely believe that drug is safe. However, safe does not necessarily mean harmless. According to the US Food and Drug Administration, “safe” means that the benefits of the drug outweigh the risks for the population the drug is intended to treat and for its intended use. A defective drug is one whose potential risks offset its anticipated benefits. Likewise, a defective drug is one whose potential risks outweigh its possible benefits to the consumer.

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Defective Medical Devices

Medical devices are used to ease pain, help with disabilities and save lives. However, when these devices are flawed they may cause serious injury and death. Some medical device defects may include faulty design or insufficient manufacturing quality and are considered instruments used for treatment, diagnosis or prevention of disease or injury. The FDA categories of devices are complex and widely varied and many of the adverse effects of medical devices are preventable.

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Legal Duty of Manufacturer

We all rely on medications and medical products to help gain a higher quality of life or better health. However, not all drugs or medical products are helpful. Some may have been defectively manufactured or may be unsafe. These medical products may pose dangerous risks or injury. Drug and medical device manufacturers have a legal duty to make a safe product, test their products, meet FDA standards and approvals for their products (prior to entering the market) and to issue the appropriate warnings for any risks associated with their products. Likewise, physicians and pharmacists have a duty to relay manufacturers’ warnings to their patients or consumers when it is necessary and appropriate to avoid consumer injuries. If you have been injured by a drug or a medical device, you may be entitled to compensation for your injury.

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What Can You Do?

Manufacturers, physicians and pharmacists may be held liable for certain drug and medical device defects, but ultimately you are responsible for your own health. Keep yourself aware and knowledgeable of your medical treatment. You are accountable for taking your prescription correctly, taking the right dosage and not abusing your medications.

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