Seizure medicines, commonly known as antiseizure drugs or anticonvulsants, are medications used to manage and prevent seizures in persons suffering from epilepsy or other seizure disorders. These drugs function by controlling the electrical activity in the brain.
While seizure drugs may help reduce seizures, they can also have a number of negative effects. The following are some of the most prevalent anti-seizure medication side effects:
- Drowsiness and exhaustion
- Lightheadedness and dizziness
- Vomiting and nausea
- Coordination or balance problems
- Changes in mood, such as sadness or irritability
- Memory and focus issues are examples of cognitive impairment.
- Rashes on the skin or other allergic responses
- Gain or loss of weight
- Damage to the liver
In rare circumstances, some seizure drugs may cause more severe injuries or consequences. Certain drugs, for example, may raise the risk of suicidal thoughts or acts or may trigger Stevens-Johnson syndrome, a potentially fatal skin disease.
When using seizure drugs, it is important to work closely with your healthcare practitioner and to report any adverse effects or changes in your condition as soon as possible.
What Are Some Common Examples Of Legal Issues That Are Associated with Seizure Medication And Seizure Medication Injuries?
Anti-seizure med injuries might result in a number of legal difficulties. Among the most popular instances are:
- Product liability claims: If a seizure drug is discovered to contain a fault or defect that causes injury to a patient, the medicine’s producer or distributor may be held accountable for damages.
- Medical malpractice claims: A healthcare professional may be held accountable for medical malpractice if they fail to correctly diagnose or treat a patient’s seizure disease or administer the incorrect drug or dose.
- Failure to warn claims: If a seizure drug does not come with proper warning labels or instructions, and a patient is harmed, the medication’s producer or distributor may be held accountable.
- Off-label prescription claims: A healthcare professional may be held accountable for medical negligence if they prescribe a seizure medicine for an unauthorized application and the patient suffers injury as a consequence.
- Class action lawsuits: In certain situations, many patients affected by a specific seizure medicine may band together to bring a class action lawsuit against the medication’s manufacturer or distributor.
If you think that a seizure drug or the acts of a healthcare practitioner have injured you or a loved one, you should speak with a competent attorney who can help you understand your legal rights and choices.
How Are Seizure Medication Injuries Proven in a Lawsuit?
Several pieces of evidence must be proven to prove a seizure medication harm in a lawsuit. These parts may vary based on the legal claim being pursued. However, some frequent evidence elements include:
- Causation: The plaintiff must demonstrate that the seizure medicine was responsible for their injuries or damage. This may include demonstrating that the prescription was faulty, that the healthcare professional supplied the incorrect medication or dose, or that the patient was not appropriately cautioned about the medication’s hazards.
- Damages: The plaintiff must show that the medicine caused them injuries, such as medical costs, lost earnings, pain and suffering, and other damages. They may also be required to demonstrate that their injuries have long-term effects on their quality of life.
- Breach of duty: In certain situations, the plaintiff may be required to demonstrate that the healthcare practitioner or medicine maker violated their duty of care to the patient, such as by failing to offer necessary warnings or failing to correctly diagnose or treat the patient’s seizure disease.
- Proximate cause: The plaintiff must demonstrate that the medicine was the proximate cause of their injuries or damage, which means that the injury was a direct and predictable outcome of the prescription.
- Negligence: In certain situations, the plaintiff may be required to demonstrate that the healthcare professional or medicine maker behaved negligently, which means that they failed to exercise due care and caution in their conduct.
Establishing these components of evidence may be difficult and may need the assistance of skilled lawyers, medical experts, and other specialists. If you suspect you have been damaged by seizure medication, you should obtain legal counsel as quickly as possible to learn about your rights and choices.
What Are Some Other Legal Issues Involved in Seizure Medication Lawsuits?
In addition to the legal difficulties described before, seizure medication lawsuits may contain other legal issues. Other grounds of action that might be sought include the following:
- Wrongful death: If a patient dies as a consequence of a seizure drug harm, their family members may be eligible to sue the healthcare practitioner or prescription manufacturer for wrongful death.
- Fraud: A healthcare professional or medicine producer may be charged with fraud if they misrepresent the safety or effectiveness of a seizure medication.
- Violations of consumer protection laws: If a drug producer participates in unfair or misleading commercial practices, they may face legal consequences under state consumer protection laws.
- Breach of warranty: If a seizure medicine is discovered to be faulty, the patient may be entitled to file a breach of warranty claim against the drug’s maker or distributor.
- Punitive damages: A court may impose punitive damages in certain situations to punish the offender for egregious conduct or violation.
Are There Any Legal Remedies For Seizure Medication Injuries?
The particular legal remedies available for seizure medication damage will depend on the individual situation and the legal claims being pursued.
Some of the most frequent treatments are:
- Compensatory damages: Compensatory damages are meant to recompense the plaintiff for the injury they have incurred, such as medical expenditures, lost earnings, and pain and suffering.
- Injunctions: A court may impose an injunction in certain situations to restrict a drug maker from selling or marketing a harmful medication.
- Punitive damages: As previously stated, punitive damages may be awarded by a court to penalize the defendant for extremely severe acts.
- Settlements: In many situations, a lawsuit concerning seizure medication injuries may be addressed by a settlement agreement between the plaintiff and defendant, which may include compensation for the plaintiff and additional stipulations.
If you suspect a seizure drug has injured you or a loved one, you should speak with an expert attorney who can help you understand your legal options and seek the right legal remedies.
Do I Need An Attorney For Seizure Medication Lawsuits?
If you or a loved one has been harmed as a consequence of a seizure medication injury, you should obtain legal counsel as soon as possible. A personal injury lawyer that has handled medication injury cases may help you understand your legal rights and alternatives, as well as strive to hold the guilty parties accountable.
A personal injury attorney can give invaluable assistance and support throughout the legal process, assisting you in building a solid case, and pursuing the maximum compensation attainable. They may also assist you in navigating complicated legal problems and negotiating with insurance companies and other parties involved in the case.
If you are considering taking legal action for a seizure medication injury, you should move promptly since there may be time constraints for bringing a claim. Contact a personal injury lawyer immediately to book a consultation and learn more about your legal options.
Jose Rivera, J.D.
Managing Editor
Original Author
Jose Rivera, J.D.
Managing Editor
Editor
Last Updated: Mar 10, 2023