Who is liable in a defective drug injury claim?

In California, those who may be held liable in a defective drug injury claim may include the manufacturer of the drug, the marketer or seller of the drug, the doctor who prescribed the medication, and any other parties who may have been involved in the chain of distribution. The manufacturer of a drug will typically be held liable for the injuries caused by a defective drug if the drug was defectively manufactured, or if its labeling or instructions were inadequate or incorrect. In this case, the drug company is accountable for the injury and will typically compensate the injured party for medical expenses, pain and suffering, and any other losses that have been sustained. The seller of the drug may also be held liable if they failed to warn of the potential risks associated with the drug or if they sold a defective drug. If a pharmacist or pharmacist technician failed to advise the consumer of the drug’s adverse effects, they could also be held liable. In addition, the doctor or medical provider who prescribed the drug may be held liable if they had prescribed the drug under wrong circumstances or neglected to adequately inform the patient of the risks associated with the drug. In certain cases, even medical device manufacturers can be held liable for injuries caused by a defective drug. Ultimately, it is up to the plaintiff to prove that the defendant is liable for the injuries caused by a defective drug in order to be compensated for any damages. An experienced defective drug injury lawyer can help you determine who is liable and help you build a strong claim.

Who is liable in a defective drug injury claim?

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