Antipsychotic drugs are a class of medications that are typically prescribed to patients with medical or psychological conditions such as:
- Schizophrenia;
- Anxiety;
- Bipolar;
- Paranoia;
- Unspecified psychosis;
- Major depressive disorder; or
- Other similar conditions.
Antipsychotic drugs work through a variety of mechanisms, such as suppressing certain neuron functions or facilitating other such functions.
For instance, a commonly prescribed drug in this category is Risperdal, which is a drug that is used to treat mental/mood disorders, such as schizophrenia, bipolar disorder, or general irritability associated with autistic disorder. Risperdal comes in both oral and long-term acting injectable (“LAI”) forms.
Antipsychotic drug injuries may occur for a variety of different reasons. For example, one of the most common reasons in which an antipsychotic drug injury can result is from side effects from taking the drug(s).
Examples of common side effects from taking antipsychotic medications include:
- Heart palpitations;
- Headache;
- Increased weight;
- High blood sugar levels;
- Vomiting;
- Fever; and
- Other similar effects.
In some cases, injuries related to taking antipsychotic drugs can include a worsening of the previous psychosis symptoms.
Antipsychotic drug injuries can also occur due to interaction with other medications or substances that the individual may be taking at the time they consume the antipsychotic meditation. Injuries may also occur from other factors, such as a pharmacy error, incorrect dosing, or defects with the medication.
Who Can Be Held Liable for Antipsychotic Drug Injuries?
When determining who may be held liable for an antipsychotic drug injury, it is important to consult your local state and jurisdiction’s laws on personal injury. Specifically, antipsychotic drug injuries will typically fall under the umbrella of medical malpractice laws.
Medical malpractice law is the set of laws that allow an injured person, most often a patient, to bring a legal claim against a negligent medical professional. Medical malpractice laws also allow patients to recover damages for the harms that were caused by the professional’s substandard conduct.
Specifically, medical malpractice occurs when a medical professional, such as a pharmacist, doctor, and/or a healthcare organization, falls below the standard duty of care that is required of them when they are managing, diagnosing, and/or treating a patient.
It is important to note that the deviation from the standard duty of care must result in an actual injury in order for it to be considered medical malpractice. The deviation from the standard duty of care that is required of all medical professionals is generally the result of an act of negligence by that medical professional.
For instance, in the case of a pharmacist giving the wrong medication or printing the wrong directions for the use of an antipsychotic drug, a negligent act may fall below their duty of care and cause an injury to a patient. If that is the case, such negligence may result in a medical malpractice suit.
However, the patient will first need to prove all of the elements necessary to be successful in their medical malpractice claim. In such cases, the injured person will be known as the plaintiff and may be able to prove that the pharmacist’s negligent actions directly contributed to their injury or illness.
Once again, there are various parties that can be held liable for injuries resulting from antipsychotic drugs. Examples of common parties that can be held liable for antipsychotic drug injuries include:
In any of the above situations, the injured party may require legal action to resolve their legal disputes or conflicts arising from their injury. In most cases, this will mean initiating a personal injury lawsuit against the party that is responsible for their injuries and demanding a damage award to cover their injuries.
Are There Any Legal Consequences Associated With Antipsychotic Drug Injuries?
In short, yes, there are many legal consequences associated with antipsychotic drug injuries. Antipsychotic drug injuries can be serious and may often require legal action to remedy. As mentioned above, medical professionals have a duty to exercise a certain level of care to prevent injuries to patients.
As far as the exact level of care, medical professionals are expected to conduct themselves in a manner that is consistent with a reasonable professional who has similar education and training. This means that a medical professional must exercise good judgment concerning a patient’s use of medications, drug interactions, and/or refills. Then, if the medical professional falls below that duty of care, the medical professional may be sued for malpractice if their negligence results in an injury to a person.
One legal consequence associated with antipsychotic drug injuries is a medical malpractice lawsuit being filed against the medical professional or organization responsible for the antipsychotic drug injuries.
In a medical malpractice lawsuit, the remedy for a plaintiff’s injuries that resulted from an antipsychotic drug typically includes a monetary damages award. Such awards are meant to cover losses, such as hospital and medical expenses, rehabilitation costs, physical therapy costs, lost wages, and other associated expenses that result from the antipsychotic drug injury.
In cases where a product defect is involved, remedies may also include product recalls and/or class action lawsuits being initiated by the group of people who are alleging they were harmed by the specific drug. Additional legal consequences may include loss of professional licensure for the individual who fell below their duty of care and harmed an individual.
What Are Common Defenses to Malpractice Lawsuits?
There are several legal defenses that a medical professional to a medical malpractice lawsuit may be able to assert, including:
- Statute of Limitations: A person’s time limit in which to file a specific civil claim is known as a “statute of limitations.”
- Many states require that a plaintiff file a medical malpractice action within two years of the incident.
- As such, if this time limit has expired, the plaintiff will be barred from bringing the lawsuit and will lose their chance to recover for their injuries. It is imperative to note that these time limits will vary by jurisdiction;
- Contributory Negligence: In states that follow the contributory negligence theory, if proven, this defense will completely prevent a plaintiff from recovering from their injuries.
- The defendant must show that the plaintiff’s own negligent conduct contributed to their injuries and; as such, the defendant cannot be held solely responsible for the harm. States that apply the doctrine in full will bar a plaintiff from recovering.
- However, if the state follows the modified comparative negligence theory, plaintiffs who are less than 51% at fault for their injuries may still be able to recover some amount of reduced damages; and
- Lack of Proof or Fault: The plaintiff may fail to prove that the medical professional fell below the standard duty of care or cannot show that they were the ones responsible for the patient’s injuries. If that is the case, this may also serve as a defense to a medical malpractice claim.
Should I Hire a Lawyer for Assistance With an Antipsychotic Drug Injury?
As can be seen, antipsychotic drug injuries can be serious and often require legal action. As such, if you have been injured by an antipsychotic drug, it is in your best interests to consult with an experienced defective products lawyer in your area.
An experienced personal injury lawyer will be able to advise you as to your best course of legal action and how you may be able to recover from your injuries. Additionally, they will be able to help you determine the responsible party and initiate a personal injury lawsuit on your behalf. Finally, an attorney will also be able to represent you in court, as necessary.
