Prescription Lawsuits – Filing Claims Against Pharmaceutical Companies
January 14, 2021
There are two major categories of prescription lawsuits: negligence and abuse. Prescription lawsuits can stem from a number of different sources, including doctors prescribing powerful painkillers like OxyContin to patients who don’t need them, or doctors making addictive pain relievers available to patients who shouldn’t be taking them. Doctors and pharmacists have also been sued for overprescribing various drugs, such as Viagra. This article will focus on the latter category, which has seen a rise in lawsuits in recent years due to doctors prescribing powerful painkillers for conditions that do not require them.
The main reason for these lawsuits is that doctors and pharmacists have been accused of improperly prescribing powerful painkillers such as OxyContin and morphine.
According to media reports, an estimated 22 percent of Americans use some kind of prescription drug. Most people obtain their drugs from a family doctor or from a local pharmacist, but there are also many people who obtain drugs online. The main reason for this is that many online drug companies offer highly discounted drugs, which makes it easy for regular customers to order them without consulting a doctor first.
In addition to incorrectly prescribing medications, some pharmacists have been accused of providing inappropriate medication.
For example, if a customer needs two prescriptions to treat a specific condition, a pharmacist may fill out the second prescription and then return it to the doctor without giving the second prescription to the customer. This means that a person who gets the medication from a pharmacist could receive two different medications, and it could take months for the medication to be adjusted. These kinds of prescription lawsuits have caused many health insurance providers to drop coverage for the drugs, forcing patients to pay for the medication out of their own pocket.
Another issue that causes prescription errors is misusing medications.
For example, it’s illegal to intentionally give a patient the wrong medication for a heart ailment, as this could cause severe damage to that patient. However, in recent years, there have been numerous cases in which doctors have provided the wrong medication for certain medical conditions. The results of these medical malpractice lawsuits have been disastrous, causing long term damage to patients.
Unfortunately, many of these lawsuits are not against doctors or medical practitioners themselves, but against the generic drug companies that produce the medications.
Generic drugs do not face the same stringent requirements as brand names in courtrooms, and there are concerns that these lawsuits may face a lack of evidence in some cases. For this reason, it may be easier for plaintiffs to file prescription lawsuits against brand-name pharmaceutical companies. In addition, plaintiffs may face a lack of monetary compensation when they win their lawsuit against a brand-name company, because most brand name companies are well-funded. Many of these lawsuits fail because the courts often require that plaintiffs prove that they bought the medication from a specific store rather than a generic store.
Prescription lawsuit lawsuits have been a growing area of controversy over the past few years.
While these types of lawsuits will no doubt continue to grow in both size and scope, plaintiffs should be aware that they may face courts nationwide with allegations of fraudulent or illegal marketing practices. Further, the Food and Drug Administration may impose further regulations that further limit plaintiffs’ ability to pursue such lawsuits. If you have suffered as a result of these marketing practices, you may wish to consult with an attorney experienced in filing these types of lawsuits to determine your next step.