What evidence is necessary to prove a defective drug injury claim?

In order to prove a defective drug injury claim in South Carolina, an individual must present evidence that the drug was deliberately or recklessly defective when the individual purchased or ingested it. This evidence includes verifying that the drug was prescribed for an appropriate purpose, that the drug was manufactured in a way that would make it harmful, and that there was a direct link between the drug and the injury sustained. Firstly, a person must establish that the drug was prescribed for an appropriate purpose. This could be through medical records or other forms of documentation that proves the drug was prescribed by healthcare professional for this specific individual. It is important for the person to explain why they were prescribed this particular drug. Secondly, a person must show evidence that the drug was manufactured in a way that would make it hazardous. This could include proof of materials or processes that were used in the making of the drug, such as defective ingredients, or faulty packaging. It is also important to show that the defect was discovered prior to sale. Finally, there must be a direct link between the person’s injury and the defective drug. This could mean proving that the person had a medical condition at the time they took the drug, and that their injury was a result of taking the drug. It is important to understand and be able to explain the cause and effect relationship between the drug and the injury. In summary, to prove a defective drug injury claim in South Carolina, an individual must provide evidence that the drug was deliberately or recklessly defective when it was purchased, and that there is a direct link between the drug and the injury sustained. It is essential to provide documentation such as medical records or other forms of proof to give the court a clear understanding of why the person was prescribed the drug in the first place, and how the defect in the drug caused an injury.

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