A natural health produced formerly named “Pollen Allergy” has been recalled by Health Canada because of its containment of unsafe levels of arsenic. Also sold as “Tongqiao Biyan Pian,” the natural allergy product also contains acetaminophen and an antihistamine, neither of which is listed on the product’s label.
According to Health Canada, Pollen Allergy was widely distributed to retailers in Alberta, BC, Manitoba, Ontario, Quebec, Saskatchewan and the Yukon. And the medication with its arsenic component when consumed by pregnant women can cause early-term births, stillbirths and miscarriage; in children and adults, the allergy product may cause stomach pain, diarrhea, vomiting, weakness, and muscle cramps.
Responsibility of Healthcare Providers and Drug Manufacturers to Warn Patients of Possible Injurious Side Effects of Prescription Medication and Your Right to File a Medical Malpractice Claim When Injured as a Result
Over-the-counter medication can be helpful when you don’t need to see a doctor. And while self-medication of non-prescriptive drugs has some side effects, prescription medications can have some serious side effects that your doctor should always warn you about when they prescribe them to you. In the case of the arsenic laden pollen allergy product, liability for injury to those who took the medication lies directly on the shoulders of the manufacturer of the product. However, in the case of prescription drug injuries, liability can fall on your doctor, the manufacturer of the drug, and even the pharmacist who filled the prescription, depending upon the circumstances.
For example, if your doctor knows of side effects of a medication and does not inform you of foreseeable results of taking that medication, and prescribes it anyway, you may have grounds to sue the doctor for medical malpractice. Likewise, should a manufacturer of a drug know of some adverse effect of their product and not publicise and warn doctors or a pharmacist who knows this information and fails to warn you, they may also be liable for any injuries you sustain as a result of taking the medication.
To be eligible to file a lawsuit to attempt to gain compensation from a prescription error medical malpractice claim you must first establish the following.
- Prove your doctor, pharmacist or the drug manufacturer owed you a duty of care;
- Establish that the medical advice or service you received was not the prudent and diligent standard of care your doctor, pharmacist, or drug manufacturer should have provided in similar circumstances;
- Provide substantial and irrefutable evidence that your doctor, pharmacist or drug manufacturer failed to meet the required standard of care and attention necessary to protect you from the esultant injury you have sustained; and
- Provide appropriate evidence that the injury you sustained from taking the prescriptive medication was the direct result of the doctor’s, pharmacist’s or drug manufacturer’s failure to meet the appropriate standard of care.
For an Evaluation of Your Prescription Error Medical Malpractice Case, Contact an Experienced Personal Injury Lawyer Who Specialises in Medical Malpractice Lawsuits
To prove any prescription error medical malpractice case and receive compensation for your injuries, you need the assistance of a medical malpractice lawyer well-versed and experienced in prescription error litigation. Don’t hesitate to contact a medical malpractice lawyer for an evaluation of your prescription error medical malpractice case if you think you may have suffered injury due to the negligence of a doctor, pharmacist, or drug manufacturer. An experienced medical malpractice lawyer can easily evaluate your case and help you determine what your chances are of succeeding in your lawsuit.
