How Do You Prove That a Prescription Drug Caused an Injury Months or Years Later?

Proving that a prescription drug is responsible for an injury diagnosed months or years after it was taken requires comprehensive medical evidence. Patients must prove that the medication they took in the past caused their current medical condition and rule out possible alternative causes. Hiring an experienced prescription drug lawyer is the first step.

Dangerous prescription drugs don’t always have immediate effects. Sometimes, their effects don’t show up until months—or even years—later.

In this scenario, patients must make informed decisions about their health and their legal rights. An accurate diagnosis is critical to proper treatment, and if patients can prove a dangerous drug caused their condition, they can seek to hold the drugmaker accountable.

Proving that a Prescription Drug Caused Your Medical Condition

Proving that a prescription drug caused your medical condition requires comprehensive evidence. Once you hire a prescription drug lawyer to represent you, your lawyer will be able to assist with gathering the evidence you need. Some examples of types of evidence that can be used to prove that a prescription drug caused an injury months or years later include:

• Historical Medical Records – Your lawyer will need to obtain copies of your medical records from the time that you took the prescription drug in question. If you don’t have copies of these records (or have access to them through your healthcare provider’s online portal), your lawyer will be able to request them for you.
• Current Medical Records – Your lawyer will also need copies of your medical records documenting your current drug-related diagnosis. This includes records documenting your diagnosis and treatment. If you continue treatment, do your best to keep copies of your medical records on an ongoing basis.
• Prescription Records and Receipts – Prescription records and receipts can be used to prove that you took the drug in question. If you don’t have receipts, your account statements may suffice if you paid by check or credit card. Your medical records may be helpful here as well, particularly if you took the drug while receiving inpatient care.
• Studies and Reports – If you have been harmed by a dangerous drug, there is a good chance that you are not alone. If a scientific study has concluded that the drug is dangerous, or if there have been other reports of the drug causing harm, these could help with proving your claim for just compensation as well.
• Medical Expert Testimony – If it appears that you have a claim, your prescription drug lawyer will hire a medical expert to examine the evidence and prepare a report explaining why your current diagnosis is drug-related. Medical expert reports play a key role in dangerous drug cases, and your medical expert can also testify in court if necessary.

While these are all common forms of evidence in dangerous drug cases, these are not necessarily the only forms of evidence that will be available. For example, if the drugmaker was aware that your medication was dangerous, the drugmaker’s internal records could be key evidence as well. Your lawyer can seek to obtain the drugmaker’s internal records after filing a lawsuit on your behalf, and your lawyer will also be able to question the drugmaker’s employees (and former employees) to find out what they knew and when.

FAQs: Filing a Lawsuit for Long-Term Complications from a Dangerous Drug

How long do I have to file a lawsuit for harm caused by a dangerous drug?

While different states have different statutes of limitations for dangerous drug claims, the deadline to file a claim generally runs from the date that a patient knows (or reasonably should know) that they have been harmed. As a result, even if it has been months or years since you took a dangerous drug, you could still have plenty of time to take legal action.

What should I do if I have concerns about long-term effects from a drug I took months or years ago?

If you have concerns about long-term effects from a drug that you took months or years ago, you should see a doctor promptly. You should also consult with a lawyer about your legal rights. An experienced prescription drug lawyer will be able to determine if you have grounds to seek just compensation—and your lawyer will also be able to tell you if other patients have already taken legal action.

What if the pharmaceutical company claims my diagnosis isn’t drug-related?

This is a common defense strategy in defective drug cases. If the pharmaceutical company claims your diagnosis isn’t drug-related, our lawyers may be able to use various forms of evidence to prove that you are entitled to just compensation. Differential diagnoses and medical expert testimony can be particularly effective in proving that a prescription drug caused a patient’s long-term condition.

How Our Prescription Drug Lawyers Can Help

If you have been diagnosed with a medical condition that you believe (or your doctor believes) is linked to a prescription drug you took in the past, our lawyers can explain everything you need to know about seeking the financial compensation you deserve. We can also provide a comprehensive assessment of your legal rights and file a lawsuit on your behalf if warranted.

The financial and non-financial costs associated with drug-related diagnoses can be substantial. As your law firm, we will ensure that we are seeking full compensation for your present and future losses. We will also help you make informed decisions throughout the legal process—including informed decisions about when (and if) to settle.

Discuss Your Legal Rights with a Prescription Drug Lawyer for Free

To discuss your legal rights with an experienced prescription drug lawyer in confidence, contact us today. Call us at 800-780-8607 or contact us online to schedule a free consultation.