Failure to warn is a defect involving a company’s failure to provide sufficient instructions or warnings regarding the use of a product. This often occurs with certain medications. When product manufacturers fail to warn consumers of the dangers associated with the product, they can be held legally responsible. Instructions and product labeling must be clear, concise, and easy to understand. Any dangers associated with the product or drug must be placed somewhere on the product for the consumer’s safety. When it comes to medication, providing adequate warnings to patients is also the responsibility of the doctor. Medical professionals must explain all risks associated with a procedure, treatment, or medical device. It is also a doctor’s duty to explain these risks with regards to the patient’s specific condition, as well as take into account any other medications the patient might be taking or may have been prescribed.
When a pharmaceutical drug is produced, it is tested to make sure it does not cause severe side effects. The Food and Drug Administration (FDA) may still approve the drug as long as the dangerous side effects are rare. It is important to keep in mind that a drug is not automatically considered safe because it was approved by the FDA. Many FDA-approved drugs have been recalled because of adverse reactions and failing to warn consumers of some of these side effects. In some situations, a company will continue to produce dangerous products and medications. The manufacturer may believe it is less expensive to settle lawsuits than it is to change the design or recall the product.
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For situations where failure to warn plays a main role in a product liability case, it’s vital to contact a lawyer with both the expertise and resources to successfully fight for the rights of the victim.
A competent product liability lawyer will fully investigate the facts surrounding the incident and get you the compensation that you deserve.