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In Dallas, as in the rest of the United States, drugs and medical devices laws fall under both the federal and state jurisdiction. In essence, they regulate the safety, efficacy, and marketing of pharmaceutical drugs and medical devices. From the discovery and testing to approval and post-market surveillance, these laws are designed to protect consumer rights and ensure the availability of safe and effective products. The key regulatory body is the Food and Drug Administration (FDA), which oversees the safety and benefits of drugs and devices. However, state laws also play a critical role, particularly in areas such as the right to sue for dangerous drug injuries or medical device defects.
Individuals typically need a drugs and medical devices lawyer when they have suffered injuries or adverse effects from improperly labeled, recalled, or faulty drugs and devices. If you believe that a pharmaceutical product or medical device has caused harm or death to a loved one, you may need a lawyer to represent your interests in a product liability suit. Lawyers specializing in this field can also provide advice to medical practitioners and healthcare organizations on compliance with regulatory standards.
Texas law provides the ability to pursue a legal claim if you have been injured by a dangerous or defective drug or medical device. The Texas Deceptive Trade Practices Act protects consumers from false, misleading, or deceptive business practices, breaches of warranty, and unconscionable actions. This could involve cases where drugs or devices have not been labelled accurately or where their risks have not been adequately communicated. Moreover, Texas operates under a two-year statute of limitations for personal injury claims, which includes drug and medical device claims.
A defective drug or device is one that has a design, manufacturing, or marketing flaw. It may cause unexpected side effects, fail to perform as advertised, or lack proper instructions or warnings about potential risks and uses.
If you've been injured, seek medical attention immediately and contact a legal professional. You may have grounds for a product liability claim or a medical malpractice claim, depending on the circumstances.
Yes, if a dangerous or defective drug or device has injured a loved one, you may file a lawsuit on their behalf. However, you must typically be the deceased’s estate executor, or have a close familial relationship.
In Texas, you generally have two years from the date of the injury to file a lawsuit. However, exceptions might apply depending on your unique case, so it’s best to consult with a legal professional as soon as possible.
Most drug and medical device cases settle before reaching court. However, if a satisfactory settlement can't be reached, then it's possible your case may go to trial. Having a skilled attorney behind you is important in either scenario.
Valuable additional resources include the Food and Drug Administration (FDA) and the Texas Department of State Health Services. These entities have resources available on their website pertaining to pharmaceutical law and medical devices, including consumer alerts, recalls, safety notices, and more.
If you believe you've been harmed by a dangerous or defective drug or medical device, start by seeking immediate medical attention. Document all aspects of your injury and treatment, and preserve any evidence associated with your case. Consult with an attorney who specializes in drugs and medical devices. They can guide you on the next steps, which may include filing a lawsuit against the manufacturer, retailer, or other responsible parties.
