Albuquerque Pharmaceutical Malpractice Attorney
Pharmaceutical malpractice is a special type of medical malpractice that deals with the prescribing or administering of prescription and over-the-counter drugs. Medical malpractice can occur at any stage of the health care process, from the initial creation of a drug to the pharmacy that gives it to the patient. If you believe you or a loved one is the victim of pharmaceutical malpractice, contact an Albuquerque pharmaceutical malpractice attorney at The Fine Law Firm for a free consultation.
Why Choose Us as Your Attorneys?
- Our medical malpractice lawyers have years of experience representing clients throughout New Mexico.
- We will provide personal attention to your case at every stage.
- We have the case results to prove our commitment to success.
- You will be represented by a nationally recognized and locally respected law firm.
- We offer reasonable fees; we take pharmaceutical malpractice cases on a contingency fee basis.
Why You Need a Lawyer in Albuquerque
Pharmaceutical malpractice is a nuanced and highly complex area of civil law. Without assistance from an attorney, you may struggle to navigate the rules and requirements behind this type of lawsuit. You may also be exposed to insurance company bad faith, or an insurance company taking advantage of you to protect its own profits. With a lawyer by your side, you can rest and relax while an experienced professional handles the legal legwork of your case and negotiates with an insurance company for you.
What Is Pharmaceutical Malpractice? What Are Common Examples?
Medical malpractice is when a health care professional does not provide proper treatment to a patient according to the medical industry standards of care. Pharmaceutical malpractice specifically refers to the failure to meet the standards of care for drugs and medications. Pharmaceutical malpractice can be committed by a doctor who prescribes a drug, a nurse or pharmacy that administers a drug, or a manufacturer that makes a drug.
Examples of pharmaceutical malpractice are:
- A doctor improperly prescribing drugs to patients
- A pharmacy or nurse mixing up patients
- Incorrectly filled prescriptions
- Mixing up prescriptions with similar names
- Misreading a doctor’s prescription
- Administering the wrong medication or dosage
- Improperly labeling pharmaceutical drugs
- Failing to advise patients on how to take the drug
- A pharmaceutical company releasing a defective drug
- A pharmaceutical company failing to warn consumers of known drug risks
Pharmaceutical malpractice can have life-changing implications for a patient. A drug mix-up, for example, could lead to dangerous drug interactions based on the patient’s other prescriptions, life-threatening side effects and/or the failure to receive the proper medication to treat a medical condition.
How Do You Prove Pharmaceutical Malpractice?
In the civil justice system, it is the responsibility of the filing party (plaintiff) to prove his or her case. The burden of proof is a preponderance of the evidence: enough clear evidence to convince a judge or jury that what is being claimed is more likely to be true than not true. Proving pharmaceutical malpractice requires evidence of four main elements, in most cases:
- The allegedly at-fault party (defendant) had a duty of care to the plaintiff (a responsibility to act in a reasonable manner).
- The defendant breached or failed to fulfill the duty of care.
- The defendant’s breach is what caused the injury or harm in question.
- The plaintiff suffered compensable damages as a result.
Evidence of pharmaceutical malpractice may be found in the patient’s medical records, testimony from qualified medical experts, eyewitness statements, scientific research on the dangers of a drug, and more. An attorney can help you collect evidence of fault in a pharmaceutical malpractice case.
Contact an Albuquerque Pharmaceutical Malpractice Attorney | Free Consultations
If you believe you or a loved one is the victim of pharmaceutical malpractice, bring your lawsuit with assistance from an experienced attorney. Contact The Fine Law Firm to start your case with a free, no-obligation consultation with one of our pharmaceutical malpractice attorneys in Albuquerque. We will listen to your story, provide legal advice and make sure that your family has everything it needs throughout the legal process. Call (505) 889-3463 or contact us online today.