Can I File a Medical Malpractice Lawsuit After a Drug Recall?
It is common for drugs to go through extensive testing and analysis before they become available. Yet, even when this is done until more people are using it and experiencing a poor outcome, the true effectiveness and risks may not be understood. That is why drug recalls can happen. What happens to you in these situations? “Can I file a medical malpractice lawsuit after a drug recall?” It is a common question, and while the actual answer may differ from one situation to the next, we can help you.
Call Gattuso & Ciotoli, PLLC, for clear guidance on whether you have a medical malpractice case after a drug recall.
Is It a Product Liability Lawsuit or a Medical Malpractice Case?
If you suffer loss from taking medication as prescribed, you may have a case. You can pursue financial compensation in a civil lawsuit for the losses you have incurred. However, medical malpractice lawsuits are a bit more challenging. This tends to be linked to instances in which a defective drug causes the losses you suffer due to your doctor’s prescription of the drug.
For example, you can file a medical malpractice lawsuit against a hospital or a doctor who breached standard practices of care, such as a medical error occurred for which the doctor or hospital is responsible. Did the doctor prescribe a medication that it knowingly or should have known was recalled? If that occurred, the doctor may be responsible for the losses, and a medical malpractice case may be likely.
Other times, the injuries suffered were due to the defective manufacturing of the drug. If the manufacturer is likely to blame for the loss, a product liability lawsuit is the likely legal strategy to use. It will take some investigation to determine if your losses were caused by a defect in the drug’s design, manufacturing process, or the marketing of the medication. In this case, you would pursue a product liability claim.
What Injuries Did You Suffer?
In every situation like this, your first step should be to reach out to an attorney who can help you get to the bottom of what happened. You may have injuries as far-ranging as organ failure, cardiac arrest, or an allergic reaction. Your attorney’s job is to determine what occurred.
Then, our goal is to determine who was responsible. To do this, we look at:
- When the drug was recalled
- Why you were given the drug
- Who gave it to you
- What caused the drug’s failure
- What the recall is for
Only with all of this insight can we make the decision to file a medical malpractice or product liability lawsuit in your case. With our experience, we can do this for you.
Put Our Legal Team to Work on Your Medical Malpractice Case
Trust in Gattuso & Ciotoli, PLLC, for legal guidance in these difficult cases. We are here to work closely with you to determine who is responsible and the type of legal action best suited for your case. Contact us now for a free consultation by calling our office.