If you were an unfortunate victim of a dangerous drug, a Florence dangerous drug lawyer might be able to help. A dedicated and experienced personal injury attorney familiar with the local rules and procedures could review your case and give insight into what options may be possible for you in the future.
Laws and Regulations on Pharmaceutical Drugs in Florence
The Federal Drug Administration is the leading federal organization that applies and enforces the laws and regulations enacted by Congress to protect the health and safety of the U.S. public. Among many regulations, the Federal Food, Drug, and Cosmetic Act is the foundation of federal pharmaceutical drug law. Codified under Title 21 of the United States Code, the Act lays out the general practices and provisions that promote the safety and effectiveness of drugs and their devices. These federal regulations supersede state regulations and would apply to harmful pharmaceutical drugs in Florence.
South Carolina Laws
The South Carolina Pharmacy Practice Act was enacted to regulate and control the practice of pharmacies and pharmacists to protect the health, safety, and welfare of the public. §40-43-20 of the Act states that pharmacists must be licensed to engage in the practice of pharmacy. The Act also describes the following responsibilities of the South Carolina Board of Pharmacy:
- Regulating the sale and dispensing of drugs, poisons, devices
- Confining to prescription order a drug found to be dangerous to the public if dispensed without a prescription
- Seizing drugs and devices constituting imminent dangers to public health
- Promulgating regulations necessary to carry out the Pharmacy Practice Act
Defective and Dangerous Drugs – Breach of Duty
Victims pursuing personal injury claims that resulted from a dangerous drug could hold drug manufacturers liable for their injuries in two ways. They could prove that the drug manufacturer was negligent by breaching their duty of care. Or, they could hold the manufacturer strictly liable, by showing that they manufactured a defective product.
Three types of situations could help show that the defendant drug manufacturer breached their duty of care: defectively manufactured drugs, drugs with dangerous side-effects, and failure to warn. Drugs could be rendered defectively manufactured and dangerous to the public in many ways. They could have been manufactured incorrectly, tainted, or contaminated at the site, or a mistake could have been made while shipping the drugs from the factory to their destination.
When dealing with dangerous side effects, dangerous drug victims in Florence might have to show that the drug manufacturer knew of the harmful side effect, but purposefully concealed it. Lastly, drugs that fail to give an adequate or accurate warning about the dangerous side effects, also known as failure to warn, could be grounds for liability. This might also include the failure to provide adequate instructions regarding the appropriate use of the drug.
How a Florence Dangerous Drugs Attorney Could Help
Dealing with the illness and injuries from a drug that was supposed to make you better is hard. That alone is enough to overwhelm anyone. But the hassle of negotiation with insurance companies and lawyers over potentially complicated issues to seek just compensation is not something you need to do alone. A Florence dangerous drug lawyer might be able to help guide you through the legal process and provide you with support so that you can focus more on what matters, recovering. Call now and get started on your case today.