Virginia Defective Medicine Lawyer

Defective medicine, in Virginia, refers to medicine that fails to live up to the accepted standard of care, use in medical practice or use in medical procedure that is accepted in standard of care within the requisite medical field. It could be classified as defective medicine. An experienced Virginia product liability attorney can help build your case and get you the compensation that you’re entitled to.

Hiring an Experienced Defective Medicine Attorney in Virginia

This is an area of a Virginia law that is very case specific and very unique and requires a unique subset of skills to fully analyze and understand the facts and circumstances of each case. On the surface, an injury may seem very severe or an outcome may be extremely heartbreaking and tragic. However, just because there’s a negative outcome doesn’t mean that a doctor did something wrong and that defective medicine was at play.

In order to understand what is defective and what is not, a Virginia defective medicine attorney must understand what the standard of care is for that given procedure or medical practice and how the procedure as performed deviates from that and thus constitutes as some sort of defective medicine.

Defective Medicine Injuries

Serious injuries can result in defective medicine and these injuries may include paralysis, brain damage, or any other unintended consequences or unforeseen complications that can lead to extremely serious medical complications or disability.

Knowingly v. Unknowingly Selling Defective Medicine

Defective products are different than defective medicine. A product’s defects and product’s liability have nothing to do with medicine.

Defective medicine is either not FDA approved or – after going through the FDA approval process – shows they have inherent defects. A defective medicine attorney in Virginia that practices in that area of law is going to need to know a lot about toxicology, pharma-toxicology, pharma-analysis and other things that would merge the Pharmacy and Chemistry fields with the practice of law.

If a medical provider or drug company knowingly allows a medicine that’s been proven to be defective to go to market, they will have a lot of liability and potentially, punitive liability for this case.

However, in the majority of cases, the defective medicine may go to market without the knowledge of the manufacturer, so therefore, this case is already difficult to prove and know that this is often a very big and permanent liability factor for these cases.

Evidence for Proving Pharma Companies Knowingly Sold Defective Medicine

In order to knowingly prove the manufacturer put evidence to put persons at risk, simply having evidence that people were injured by medicine is not going to be enough. A defective medicine lawyer in Virginia is going to need to look at risk reports, medical incident reports, and what they call adverse incident reports, which are maintained by the drug companies during the manufacturing process and during the distribution process, and see what was indicated in these adverse incident reports and whether or not this information contained was reliable or if not, see if there is evidence in the chain of custody that they relied upon it.