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If a Drug I’ve Used Has Been Recalled, Can I File a Medical Malpractice Claim?

Posted in Medical Malpractice

It’s alarming to learn that a drug company issued a recall for a medication that you’ve been taking. It’s further disconcerting to find out that this doesn’t always constitute medical malpractice. Instead, if you were injured by the recalled drug, your case is usually against the manufacturer, which typically means a class action lawsuit against a major pharmaceutical company.

Is there ever a way to file a medical malpractice claim for taking a drug that’s been recalled? According to personal injury professionals like the attorneys at The Fine Law Firm in Albuquerque New Mexico, in some cases, you can file a medical malpractice lawsuit against a prescribing physician. Though medical malpractice claims are different than product recall claims the two sometimes overlap when it comes to medications.

When Can I File a Medical Malpractice Claim For a Recalled Medication?

When a doctor or healthcare provider commits an act of negligence or an omission that causes harm it’s considered medical malpractice. If the doctor prescribed a medication approved by the FDA for a medically accepted purpose it isn’t medical malpractice even when the medication faces a later recall. The doctor isn’t at fault because they had no way of knowing the medication was dangerous at the time they prescribed it. However, under certain circumstances, a physician may be held liable for prescribing a medication that caused harm. These conditions include:

  • Prescribing a drug for off-label use (used for a purpose outside of its FDA-approved purposes)
  • Continuing to prescribe the drug off-label despite mounting evidence that it isn’t useful and can cause harm
  • If other physicians in their specialty no longer used the drug for the off-label purpose or never used it in that manner
  • The doctor prescribed too much of the medication

If any of these circumstances had an impact on your taking the later-recalled medication, you may have grounds for a medical malpractice case against the doctor or practitioner who prescribed it.

Doctors must use only evidence-based medicine. An experienced team of attorneys such as those at the Fine Law Firm can look at the facts in your case to determine if you can hold your doctor liable for prescribing the recalled drug.

Steps to Take If You Took a Recalled Medication

If you’ve learned a recall was issued for a medication you’ve taken, you might be able to file a claim in New Mexico for damages including:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Lost future earnings

A skilled legal team can review your claim to determine if the doctor shares fault with the pharmaceutical company and has liability in your case. You can take important first steps, including documenting the details of the incident including the date you began taking the medication and any side effects you experienced. Keep the box and packaging inserts for the medication and ask for copies of your medical records including the ones listing the prescribed medication. Keep the copy of the recall notice you were issued. Gather and keep all copies of your medical bills. Then, contact the compassionate attorneys at Albuquerque’s Fine Law Firm to help navigate the details of your case for the best chance of gaining back compensation for your losses.