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First, as soon as you realize that your prescription medication is causing unexpected or harmful side effects, contact your doctor. Tell your doctor about the side effects and ask if you should stop taking the medication.
If your doctor tells you to stop taking the medication, do not throw away the bottle or the remaining medication, as this could be a very valuable piece of evidence later on.
You should report any serious side effects to your doctor so that your doctor can put this information in your medical record. Your medical records are the most important pieces of evidence that you experienced side effects and will also be key in supporting your claim for pain and suffering.
Next, document in as much detail as possible what you’re experiencing, including descriptions of the pain, what hurts, how long the pain lasts, and what, if anything, helps lessen the pain. Other helpful evidence can include packaging and receipts for items that you purchased to help alleviate side effects, such as over-the-counter painkillers or a hot water bottle.
Yes, you can file a legal claim even if the medication was properly prescribed. Just because a prescription medication was approved by the FDA, it doesn’t mean it is safe or universally safe for all patients who take it.
The most important piece of evidence is your medical records, which is why it’s so important to contact your doctor immediately and report any harmful side effects that you are experiencing. This report in your medical records provides a link between you taking the prescription drug and the injury.
Other key pieces of evidence are pharmacy records and receipts showing that you picked up and paid for the medication.
The types of compensation that may be available to victims of harmful drug side effects can be categorized in two ways: Economic damage and Non-economic damage.
Economic Damages include past and future medical expenses, past and future lost wages, loss of earning capacity, and out-of-pocket expenses.
Non-Economic Damages include pain and suffering, emotional distress, and the loss of enjoyment of life due to your inability to participate in hobbies, activities, or daily experiences that you enjoyed before the injury.
Non-economic damages can also include duress you experienced while performing job duties while in pain, loss of consortium/companionship (which are damages for the negative impact the injury has on relationships with your spouse or family members), and disfigurement or permanent disability.
Medication-related injury claims are complex, involve many important details, and have strict deadlines and processes that must be followed throughout. An experienced personal injury attorney will be able to help you navigate this process and make sure there’s enough evidence to link the prescription drug to your injury. This can be done by acquiring your medical records or even hiring a medical expert to testify.
Your attorney will also make sure your claim is brought against the correct parties and that the maximum compensation warranted is sought.
For more information on prescription drug side effects lawsuits, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 298-1983 today.
Louisiana’s Husband and Wife Legal Team, Jeffrey Gennusa and Ana Rodrigues Gennusa of the Gennusa Firm in Louisiana are dedicated, determined personal injury attorneys.
With over 30 years of combined experience, they’ve helped clients just like you navigate prescription drug side effect claims, helping them pursue the maximum compensation possible for their injuries and losses.
Have questions, or in need of legal guidance after a prescription medication caused illness, disability, or harm? Reach out to the Gennusa Firm for a FREE initial consultation today.
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