If a side effect occurs as a result of drug use, the responsibility may lie with the physician, pharmacist or pharmaceutical company.
Types of Liability
- Physician: Prescribing error, failure to see contraindications
- Pharmacist: Giving wrong medication, failure to warn of interactions
- Pharmaceutical company: Product liability, package insert deficiency
- Ministry of Health: Licensing defect
Pharmaceutical Company Liability (TKHK art.4)
- Manufacturing error
- Design error
- Lack of information (prospectus, warning)
- Strict liability
Physician Error Types
- Not asking about allergy history
- Giving contraindicated medication for the patient
- Calculating drug interactions
- Dose error
Compensation Items
- Treatment expenses
- Damages due to side effects
- Job loss
- Pecuniary compensation
- Lack of support in case of death stay
Proof
- Prescription
- Package insert (warnings, doses)
- Medical history
- Expert report
- Clinical trial data
Supreme Court 13. HD
13. HD accepts that the pharmaceutical company's "product liability" is of perfect nature and that compensation will arise when a production/design error is proven.
Practical Recommendations
- Keep the medicine box, package insert
- Contact the physician immediately when side effects are observed
- Take a prescription photo
- Get an additional medical report
Health law/malpractice lawyer recommended.