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Hammond Dangerous Drugs Lawyer

Individuals ingest pharmaceuticals and other drugs to cure their diseases, illnesses or lessen the pain of their conditions. However, many drugs are dangerous and can cause significant damage.

If you or a loved one were severely injured after taking a pharmaceutical, a Hammond dangerous drugs lawyer may be able to help your case. They can review the facts of your case and help you recover compensation for your damages. Seek help from a skilled personal injury attorney who has experience handling cases involving hazardous drugs.

Improperly Labeling Drugs

A prescription is required for a legend drug to be distributed to the public, per the Louisiana Revised Statutes, RS 40:1060.14. Additionally, it must be properly labeled.

Mislabeled Drugs

A pharmaceutical is mislabeled or misbranded if its commercial statements are false or misleading. Some dangerous drugs may be declared to be improperly labeled by the federal government.

Under RS 40:617, a drug may be deemed to be misbranded if any of the following apply:

  • The federal government has declared it to be misbranded
  • Representations concerning the effect of a drug are not based on science
  • The advertised recommended use is dangerous
  • Packaging does not contain all legal requirements
  • Prescription medication container does not state “Caution: Federal law prohibits dispensing without a prescription.”

A Hammond dangerous drug lawyer may have further information about which acts reach the level of misbranding. Some forms of wrongdoing may be included in a hazardous pharmaceutical complaint.

Duties of the Sellers of Dangerous Drugs in Hammond

In Hammond, under RS 40:1060.13, it is illegal for a drugstore or other retail establishment to dispense prescription medication without a script written by a licensed physician. Moreover, a shop must keep such pharmaceuticals in safe, clean, and dry conditions.

Adulterated Drugs

A plaintiff may have a cause of action if they inadvertently took an adulterated drug. This type of medication product is defined in RS 40:616. The drug may have been packed or held under unsanitary conditions, or it may consist of a putrid, decomposed substance in whole, or in part.

Medicine may also be adulterated if its container was manufactured using a poisonous substance, or if toxic coloring was applied while it was being made.

Responsibilities of Prescribing Hammond Doctors

A physician may only write a prescription for a drug if they have a legitimate medical purpose. A doctor, who prescribes a medication for the sole purpose of satisfying an addicted patient, may face criminal prosecution. A Hammond dangerous drug attorney may discuss these responsibilities with individual clients.

Medical Malpractice

Medical malpractice has been defined by the legislature in RS 40:1237.1. It is the failure to exercise the reasonable standard of care required by the profession.

In a medical malpractice claim that involves hazardous medications, a claimant would bear the burden of proof. They would need to demonstrate that the doctor’s use or prescribing of the pharmaceutical was not in keeping with the ordinary standards of the medical field. Moreover, they must provide evidence that they would not have been harmed if the physician had not administered the dangerous drug.

Medical malpractice lawsuits may go before a medical review board for recommendations. To learn more, consult with an accomplished lawyer.

Speak to a Hammond Drugs Attorney Today

If you took an over-the-counter medication or prescription drug, and you were harmed, you may consider filing a lawsuit. A Hammond dangerous drugs lawyer could help you determine which party is responsible for damages and help you seek compensation.

Call today to learn more about how an attorney could help.