The law demands that all those who work in the healthcare field be held accountable for their negligent actions. From doctors and nurses to drug makers and medical device manufacturers, all those who deal in areas that affect the health and well-being of residents have a reasonable duty to ensure that their work does not harm unsuspecting consumers. Our Chicago medical malpractice lawyers work hard each day for those who have fallen victim to unreasonable mistakes and errors by those charged with making them well.
Not only does the law demand reasonable conduct at all times, in some instances, the legal rules impose a duty of “strict liability” upon various entities. This means that at times the law will hold one responsibility for the harm caused by their conduct even if they did not specifically act in an unreasonable manner.
The logic behind these strict liability rules is clear. For example, if a drug maker creates a product that harms unsuspecting consumers, someone will have to pay for that harm-either the consumer themselves or the drug maker. Under regular negligence rules, the consumer would generally have to prove that the drug manufacturer acted unreasonably in order to recover for the loss. However, courts soon realized that this burden was likely unfair and illogical in the context of many dangerous products, like medications. Therefore, most courts developed the concept of “strict liability” which holds that makers of dangerous products must pay for the consequences of those products, regardless of a specific showing of negligence on their part. Clearly the companies that make these items should be required to build in the costs of the few dangerous products they are produced. An unsuspecting consumer whose entire life is often turned upside down because of the product would be much less capable of paying the costs of the error.
It is important for all observers to understand this basic concept when reading about cases involved dangerous medications. For example, Yahoo Health recently discussed a new string of suits in the medical malpractice area involving a link between a diabetes drug and bladder cancer. Takeda Pharmaceuticals Co., Ltd.-the makers of the best selling diabetes drug in the world-is facing hundreds of lawsuits amid growing concerns that taking the drug for more than a year leads to an increased risk of bladder cancer. Evidence has found that the pill-Actos-triggered bladder cancer in some patients, an often fatal development. Many individuals who have taken this drug every day for many years have developed the complications. The manufacturer of this drug had a duty to ensure that their product was safe to consumers. It seems that may have failed in that regard with this drug.
Our Chicago medical malpractice lawyers understand the extent to which unsuspecting consumers rely on the diligence of drug manufacturers. In the vast majority of cases, a patient will be prescribed medication by their doctor who explains that the drug will help them deal with whatever medical problem they have. There are few alternatives options for that patient other than to accept the advice of their doctor. When a serious medication error results, however, it is important for the unsuspecting individual not to have to pay for often staggering medical bills, lost wages, and other costs associated which they would not need had the drug been safe.
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