How is fault determined in a defective drug injury claim?

In a defective drug injury claim in Washington, fault is determined based on a few key factors. The first step is determining whether the drug in question is actually a defect. A defect occurs when the drug was improperly designed, manufactured, or labeled, or if the instructions for using the drug were not adequately provided. If the drug is proven to be a defect, then the court will look at whether the claimant’s injuries were caused by the defective drug. The next step is to identify who is at fault for the defect. If the drug manufacturer can be shown to be at fault, then the claimant may be entitled to monetary damages for their medical bills, lost wages, and suffering. Generally, the drug manufacturer is held liable due to negligence in the design, manufacturing, or labeling of the drug. On the other hand, if the claimant’s doctor prescribed an incorrect dose or failed to adequately inform the patient of the risks of the drug, then the doctor may be held liable. Ultimately, it is up to the claimant to prove that the drug was defective and that the injury was caused by the defect. It is important to seek legal advice when considering a defective drug claim, as the laws governing these cases can be complicated. With the help of a qualified attorney, claimants can better understand their legal rights and determine who is at fault in a defective drug injury claim.

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How is fault determined in a defective drug injury claim?

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