Health,  Legal

What Are Your Rights as a Drug and Medical Device Injury Victim in Houston?

Authored by Athena Nagel

Did you know over 131 million people in the US use prescription drugs? Houston itself is home to many leading medical centers catering to more than 3300 patients every day. With 750,000 ER visits, the medical care system is definitely burdened here.

In addition, the number of people using medical devices is also high. These drugs and devices go through a strict screening and approval process by the FDA.

Sometimes, issues can arise after prolonged use of the drug or device. In Houston, the manufacturers are still held liable under the Texas Laws for any injuries or death in such cases. If you are a drug or medical device victim, a Houston personal injury lawyer can review the case and help you understand your legal options.

What Are Your Rights as a Drug and Medical Device Injury Victim?

You may have been injured because of drug or medical device use. However, if the manufacturer clearly labeled the injury a potential side effect, they cannot be held liable. Likewise, if they have clearly warned the public about dangerous side effects, a liability claim will not hold in a court of law.

A drug or medical device manufacturer can be held liable:

  • If the drug, medical device, or the manufacturing process is defective
  • If they fail to warn about side effects
  • If they continued to sell the product even after knowing about the risk of injury
  • If they use improper marketing techniques
  • If devices cause harm even when used as intended

You could also file a medical malpractice claim if the injury or death were caused by a medical practitioner using a defective medical device. Again, a lawyer can gather details about your case and educate you on the applicable law.

What Are the Rules Around Filing a Lawsuit?

The rules for filing a lawsuit will differ from one state to another. What one needs to be aware of is the statute of limitations. This is the fixed period between when you discovered the injury and filed the lawsuit. In Houston, the lawsuit in these cases must be filed within two years from the accident.

The challenge with medical cases is that a long time can pass between drug or device usage and injury discovery. There is a discovery rule in place in some states to overcome this challenge. You can file a lawsuit within a fixed period after you discover (or should have discovered) the injury.

How Do You Find the Best Houston Personal Injury Lawyer?

Look at their experience. Does the law firm specialize in the practice area of drugs and medical devices? Enquire what type of cases they have previously worked on.

Several firms offer a no-obligation free session. Utilize the session to meet the lawyer in person. They will take down the details of your case and explain to you the legal options at your disposal. Feel free to ask any questions you might have.

Also, ask them about settlement results from previous cases. These numbers prove that the lawyer can deliver on the promises they make.

If you or someone you know is a drug or medical device victim, please contact a Houston personal injury lawyer to know your rights. Do not let money be a hindrance. There are firms out there who do not charge you a fee unless the case is settled or won.

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