Personal Injury: Off-Label Use
There are some medications that an individual may choose to use for purposes or illnesses other than what the medication has been prescribed for. This is referred to as off-label use of a product; it is important to know what this means and how it could harm the consumer with the item purchased for standard usage. This article will discuss what off-label use of a product is and how it can harm the consumer making a personal injury claim.
Off-label use is the unauthorized administration or prescription of medical products for treatment for the terms of what the medication should have a use for with a person. The summary of product characteristics basically reflects the standard and necessary use of such a product. Any off-label use may include the consumption or administration that is against the standard indication of the product or with a different dosage than specified. In addition, a different patient taking the medication could also result in injury from off-label use. If an individual is within a patient group that is not to take the medication, such as a child, pregnant woman or breast-feeding woman, which the label specifies explicitly and injury occurs this is also off-label use.
The most typical injury a person may encounter when using a medication through off-label use is the wrong dosage or type of medication for that specific person. The associated injuries would be internal damage, impairment of the senses, neurological disorders and disability that may be temporary or permanent. In children it may result in seizures and developmental issues in their bodies. For pregnant women they may suffer miscarriage or damage the baby before it is born. In breastfeeding women it may result in injury to the breastfeeding baby or a reduction in the breast milk supply. In other instances of using a product not specific to the person it could result in bleeding, migraines, disruption to the organs and internal damage.
Off-label use of a product may constitute misuse or abuse of the medical item. It must be noted that the product label is specific to the person it is prescribed for, based on the dosage and times of consumption of pills or substances. Misuse basically occurs when someone other than the patient takes the prescribed medication and abuse happens when the individual takes more than the dosage explains.
When it comes to filing a personal injury claim with regard to off-label use medications, lawsuits for such injuries may have less strength if the person misused or abused the medication or substance. It can be a valid claim if the label used is incorrect or defective. In addition, some legal claims against the manufacturer of the substance are possible when the intended use is incorrect. It is important that the individual making the claim seek out the best attorneys in Wasilla in order to determine that they have a valid claim.
