What factors are taken into account when assessing a defective drug injury claim?
When assessing a defective drug injury claim in Washington, many factors are taken into account. First and foremost, the claimant must establish that their injury was caused by a defective drug. This can be established through medical records, laboratory tests and other credible evidence. Second, the claimant must be able to prove that the defective drug caused the injury. This may involve obtaining expert testimony from medical professionals or other recognized experts in the field. Third, the claimant must also show that the defective product was used in a manner that was recommended by the manufacturer or prescribed by a medical professional. If the drug was not used as recommended, then the claim may be denied. Fourth, the claimant must be able to demonstrate that the manufacturer of the drug was at fault in producing the defective product. This can be done by proving that the manufacturer should have known about the defect, or failed to properly test the drug before releasing it to the public. Finally, the claimant must also show that the injury was significant and has caused ongoing suffering. This may include medical records, medical bills, and other evidence to demonstrate that the injury has caused ongoing financial and emotional damage. By taking all of these factors into account, a claimant in Washington can evaluate their injury claim and determine if they have a viable case. A qualified attorney can help guide the claimant through the process and ensure that all of the necessary evidence is presented to maximize their chances of success.
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