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What does a 'failure to warn' entail when it comes to drugs?


Minnesotans often rely on medications to treat a variety of medical conditions. Prescription drugs can be particularly powerful in fighting illness and disease, but their effectiveness is based on proper usage. Therefore, when a wrong medication is prescribed, a drug is over or under prescribed, or a medication is completely unsafe in its manufacturing, unsuspecting patients can be left with serious injuries. In the worst cases, negligence on the part of drug companies can lead to a serious injury or even death.

One duty pharmaceutical companies have is to adequately warn consumers of the drug's side effects. Since manufacturers of pharmaceutical drugs are considered experts in their field, they must stay abreast of the latest research and know the effects their drugs can have. This includes long-term effects, which must be disclosed to those who may prescribe or take the drug. This is why television ads for pharmaceutical drugs have a long, and often frightening, list of side effects.

The damages caused by inadequate warning can be devastating. A victim may be left with additional, overwhelming medical expenses, wages may be lost due to an inability to work, and the victim, as well as his or her family, may experience significant pain and suffering. These financial burdens, in addition to the physical and emotional turmoil thrust upon these victims, can leave them fearful for their health and their financial future.

Fortunately, taking legal action against a negligent company might provide some relief. An experienced attorney may be able to help a victim with his or her claim, fight to show negligence and illustrate the extent of the victim's damages, hopefully in order to recover an appropriate amount of compensation. Though no outcome can be guaranteed in any particular case, speaking with a legal professional is often a great way to learn more about the law and how a failure to warn claim may be beneficial.

Source: FindLaw, "Pharmaceutical Drug Liability," accessed on Mar. 8, 2015

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