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Kingsport Personal Injury Law Blog

Under what conditions can a drug be found defective?

Any product can turn out to be defective, even prescription and over-the-counter drugs. Although many Tennessee residents rely on medication to remain healthy, consuming defective drugs can be like taking a step backwards on the road to good health. In fact, some defective drugs can cause serious illness or death.

Many factors can make a drug defective or dangerous. When a health care provider tells you to take a certain medication, you probably assume the medicine is safe. In most cases, you would be correct in your assumption. However, no system is 100 percent infallible, which means that any drug you consume could turn out to be unsafe or defective. This includes drugs prescribed by a doctor as well as over-the-counter products your doctor may recommend.

3 ways health care can harm you instead of help you

When you see your doctor or go to the hospital, you expect a certain standard of care. The basic purpose of the health care system is to safeguard your health and save your life. 

Unfortunately, this is not how things always happen. Some of it is due to natural consequences. Not all diseases are treatable, not every surgery is a guaranteed fix and so on. However, sometimes the industry is at fault for preventable incidents due to negligence, errors and omissions. Three common areas in which these occur are as follows.

Active participation required in medical device procedures

Medical device technology is life-saving without a doubt. It is safe to say that this technology has enabled innumerable residents of Tennessee to live longer, healthier lives. However, as we do regarding all medical procedures, we urge you to become an active participant when your doctor asks for your consent to use or implant a medical device.

For the record, a medical device can be anything used in the care, treatment and diagnosis of a patient. Even bandages are medical devices, but they rarely result in adverse health conditions when used properly. In most cases, when people think about medical devices, they think about things like hip implants or pacemakers.

Illnesses caused by asbestos exposure

In 1828, the first American patent for asbestos was issued. Since then, an untold number of victims have suffered from exposure to the material. Unfortunately, it took nearly 80 years for a doctor to recognize the link between asbestos exposure and illness. In these more modern times, the Environmental Protection Agency regulates asbestos use, but the material is still used in industry and in many commonly used products.

In the realm of medical science, most asbestos-related illnesses are no longer as mysterious as they once were. Doctors now have a good understanding of these illnesses and the effect they have on a patient's quality of life and life expectancy.

A Tennessee state employee sues for $1.5 million after I-81 crash

A former Tennessee state legislator and the current chief of staff at the Comptroller General Office filed a lawsuit against a trucking company in Illinois on Dec. 6. In his Greenville, Tennessee, U.S. District Court filing, he alleges that one of its truckers, who struck him on Nov. 2, caused him to suffer debilitating injuries.

He's asking for either a judge or jury to award him at least $1.5 million in damages associated with his medical costs as well as pain and suffering.

Explaining misdiagnosis and how to prevent it

One of the most common reasons why medical malpractice cases are filed stems from misdiagnosis. Misdiagnosis occurs when a medical professional delays in the diagnosis of a patient's illness or injury, fails to diagnose the proper issue, or does not provide a diagnosis at all for a patient. Let's take a brief look at misdiagnosis and how it can be prevented.

If you believe you've suffered a misdiagnosis, it's best to trust your instincts and seek further medical evaluation. This can be done by returning to the doctor who misdiagnosed you or by seeking out an opinion from another doctor. You can also ask for a referral to a specialist. It's important for you to take action. Don't wait for your situation to get any worse.

Former state representative files suit over truck accident

A Nov. 2 crash at mile marker 58 on I-81 sent five people to the hospital, including former Tennessee representative and current Tennessee Comptroller Chief of Staff Jason Mumpower.

Traffic was slowed in the area due to a minor crash that involved an SUV striking a guardrail. According to police, a semitruck hauling frozen chicken in the northbound lanes swerved to avoid striking the SUV and instead rear-ended a sedan. That sedan, a Mercury, was pushed to the right and forward, causing it to strike the back of a U-Haul truck. The Mercury rolled, but ended up on its four wheels.

The Purdue Pharma lawsuit and undisclosed information

Opioids are much in the news these days, and one of those is a bestseller called OxyContin, a painkiller that pharmaceutical company Purdue Pharma LP manufactures and sells.

The state of Kentucky brought a civil suit against the company. Here are the reasons behind the court action and how the parties eventually settled the case.

Serious injuries caused by defective drugs

Defective drugs are a problem that still happen today even with technology and regulations set forth by the Food and Drug Administration (FDA). If you have taken a drug that has since been labeled defective by the FDA you need to stop taking it immediately and safely dispose of it. Here are some serious injuries caused by defective drugs.

One of the most common injuries caused by a defective drug is when it is mixed with another drug. This is an innocent instance when a patient takes all of one's prescribed medicine at the same time. Researchers might not have known about an issue until a patient became sick when mixing drugs. This can be very dangerous and sometimes even deadly.

What are some concerns with product liability cases?

Product liability cases are the result of defective medical devices that either injure or cause illness to patients. Defective medical devices are more common than people think. A patient's condition can become a million times worse if affected by a defective medical device. So, what are some concerns with product liability cases in Kingsport?

If you've been injured by a defective medical device, you will want to ensure that a claim is filed as soon as possible. The biggest concern here is that you will miss the statute of limitations. Since injuries caused by defective medical devices might not show right away, you typically have a little bit more time to file a lawsuit compared to other types of issues.

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