There are a number of side effects associated with the use of sleeping pills including headaches and dry mouth. However, one study has found that using sleeping pills can also increase a person's risk of getting into an auto accident. If you've been in a car accident while on sleeping pills, this information may help you get compensation for your injuries and costs. Read this article to learn more.
Use of Certain Brands Doubles Accident Risk
Researchers at the University of Washington in Seattle compared accident reports and prescription data of over 400,000 drivers in the state of Washington who had a certain type of insurance plan and used the drug benefits available in the policy. They tracked the prescription of three specific sleeping drugs and found, overall, the medications doubled a new user's risk of getting into an accident when compared to non-users. They found the risk comparable to the one linked to drunk driving.
The issue is, while the medication does help people get to sleep, it can worsen the quality of sleep they get. This may lead to daytime fatigue which, in turn, often inhibits a person's ability to pay attention to the road and/or slows reaction times. Additionally, sleeping pills can become both habit forming and less effective over time, which may result in the development of other complications that can have a negative impact on sleep habits such as causing rebound insomnia. In total, these effects hurt a person's ability to drive safely on the road.
Who's Responsible If You Get Into an Accident?
If you use the medication specified in the study and get into an accident, you may be able to recover damages from the doctor who prescribed them (malpractice lawsuit) or from the company that makes the drug (failure-to-warn product liability). However, both types of cases hinge on whether or not the person or company involved knew the medication could increase a person's risk of getting into an accident and if the party relayed that information to you.
For example, there are five basic elements of a failure-to-warn product liability case that must be true to win the lawsuit:
- The product was sold by the manufacturer during the course of business
- Use of the product is unreasonably dangerous without foreknowledge of its basic characteristics when used as intended
- The company did not adequately warn about the dangers of use (e.g. side effects)
- The product was used as intended
- The person suffered losses and damages as a result of the company's failure to warn
If the manufacturer supplied the sleeping medication without advising anyone of the increased risk of auto accidents (or similar warning) and you got into a car accident after using it as prescribed, then you could sue for damages. On the other hand, if you misused the product by taking more than required, the company could successfully argue that your losses stemmed from your failure to use the product as intended.
Medical malpractice lawsuits have similar requirements that must be met to win. You must establish:
- The doctor had a duty of care to you
- The doctor violated his or her duty
- Your injury arose because of the doctor's failure
- You suffered losses as a result of the injury
Doctors are required to advise patients about the side effects associated with use of the medications they prescribe. Failure to do so can provide patients with a way to recover compensation for damages they sustain.
Proving Your Case
As noted previously, the trouble with suing for damages that result from the use of medication is proving the doctor or company knew about the possible side effect in question and failed to take appropriate action. However, the study was recently published in the American Journal of Public Health on June 11, 2015, so it may be challenging to show the company or doctor had prior knowledge of this possible consequence beforehand.
If you're involved in a car accident as the result of side effects associated with medications, consult with a personal injury attorney form a firm like Law Office Of Daniel E Goodman about your legal options for recovering damages.
