Many people depend on medication to keep them healthy and safe. Whether they’re taking prescription drugs every day, a short while to fight an illness, or over the counter drugs, people expect them to be safe and do their jobs. But this isn’t always the case. When there are issues with a drug, the U.S. Food & Drug Administration (FDA) will issue a recall, but that doesn’t undo the damage that’s already been done.

If you or a loved one has been injured because of a recalled drug, you’re probably focused on healing and getting back to normal life as soon as possible. But if the drug has kept you from working or has caused you a lot of pain, this might not be so easy.

You can seek legal aid from a Paducah pharmaceutical litigation lawyer at Daryl T. Dixon Law. We understand what you’re going through was caused by someone else’s negligence and that you deserve compensation for pain and suffering and lost wages. You can take a stand against drug companies so they don’t make these mistakes again.

Imagine if you will a situation that happens every day in this country.  You or a loved one are admitted to the hospital for surgery.  Not necessarily a complex or complicated surgery that requires extensive recovery time, but even an outpatient procedure like an appendectomy.  The anesthesiologist has you count backwards from 10 and the next thing you know you’re waking up in a recovery room and soon after being escorted to the car to head home.  But, as your anesthesia wears off and the pain medication starts to fade you notice a sharp pain in your stomach.  Feeling around the painful area you can feel that there seems to be something there that shouldn’t be. 

In fact, upon inspection, you find that the surgeon has left a pair of scissors inside your stomach and sewed you up with the sharp, pointy, metal object pressing against other delicate internal organs.  Suddenly you realize you are in a dangerous, life threatening situation. The wrong movement, a small bump to the stomach, or even the loving embrace of your child or spouse could cause the scissors left inside you to cut through your intestines, gall bladder, or any other organ and potentially kill you.  Sadly, while this scenario may seem outrageous, it literally happens every single day in this country.

When we spend time in a facility such as hospital, urgent care clinic, or physician’s office, it is not unusual to expect and to put your full trust in the medical professional’s abilities. By trusting medical professionals it is also commonly assumed that mistakes will be minimal and chances of negligence are exponentially reduced. In a perfect world, no one would make mistakes including medical professionals, however, we live in a far from perfect world and everyone, including medical professionals, are bound to make mistakes.

There is a common misunderstanding about medical malpractice cases and lawsuits in the sense that many people believe if the medical professional makes a mistake, one can simply file a lawsuit against them and win. Yet there is substantial difference between human error and acting negligently. For a mistake to be classified as a result of negligence, the mistake should have been completely and totally avoidable. Therefore there is certain criteria to be met in order to file a medical malpractice lawsuit against a medical facility or medical professional.