When a person is injured as a result of medical treatment, the first assumption often is that the physician or other health care provider made a mistake. In many cases, however, it is learned that the doctor did nothing wrong: the injury was caused by a defective or dangerous medication or medical device. The claim for injuries should actually be brought against the manufacturer of the drug or device.

A successful claim for injuries caused by a drug or medical device requires thorough preparation and planning. There are many complex legal and scientific issues that will arise, and it is essential that your attorney have a thorough understanding of these issues. Accordingly, if you believe you may have a claim for injuries caused by a drug or medical device, you should not hesitate to seek legal advice from a lawyer with experience in this area.

Claims against the manufacturers of drugs or medical devices usually take two forms: strict liability and negligence. In a strict liability case, the focus is on the product and the question is whether it has a defect that makes it unreasonably unsafe. In a negligence case, the question is whether the manufacturer has acted with reasonable care in developing and manufacturing the drug or product. In both cases, manufacturers may assert that medications have reasonable risks or that another party (such as a doctor) is responsible for the patient's injuries. Accordingly, if you believe you may have a claim against a drug manufacturer, you should not hesitate to seek legal advice from a lawyer with experience in this area.

The drug or product that injured you probably was approved for sale by the Food and Drug Administration. That approval is no guarantee that a product is safe. A recent survey of FDA employees who work on drug-approvals indicated that 40% of them said they were not able to do detailed scientific reviews within time provided. A skilled lawyer with medical litigation experience can help you discover information that may defeat the argument that FDA approval means a drug or medical device is safe

It is unfortunate that the very products we depend on to give us better health may sometimes be the very products that cause us the worst injuries. Do not make your injury worse by failing to take action. Plaintiffs who have claims for damages they suffered as a result of using a defective drug or medical device should consult their attorneys as soon as they are aware of the resulting injuries to avoid the possibility that the time for bringing suit will expire.