Can you file a lawsuit for suffering from ill side effects from prescribed drugs?

Doctor Everson recommends a birth control pill to one of his patients, Mrs. Midvale. She takes the drug for three months and then suffers pulmonary embolism.  Who can she file suit against?

Answers (1)

Whether or not there has been an FDA drug recall, an individual injured from consumption of chemical and drugs may bring a cause of action against the pharmaceutical company, the manufacturer, and even the physician and/or pharmacy that dispensed or sold the drug.  The theories range from failure to warn about potentially hazardous side effects, and negligence to strict liability and products liability.  Drug manufacturers have a duty to warn doctors of a product's dangers; upon receiving the warning, the doctor must choose which drugs to recommend and must set forth the risks to the patient.  A plaintiff must demonstrate proof that the defendant's warning was inadequate, and that the insufficiency of his warning caused the former's injury.

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