Free Consultation (770) 865-8654
tap to call tap to text
Georgia medical malpractice Attorneys

Can I File a Medical Malpractice Lawsuit After a Drug Recall?

Nov 22nd, 2023  |  Legal Team  |  Firm News

When a pharmaceutical product faces a recall due to safety concerns, it raises questions about whether you can file a lawsuit. The answer is that it depends, and here are the key considerations involved.

Understanding Medical Malpractice

Medical malpractice occurs when a healthcare professional or provider fails to meet the standard of care expected in their field, leading to harm or injury to a patient. In the context of a drug recall, medical malpractice may be applicable if the healthcare professional prescribed or administered the recalled drug without due diligence or failed to adequately warn patients about the associated risks.

Proving Negligence

The foundation of a medical malpractice case is proving negligence. This may include demonstrating that the healthcare provider deviated from the standard of care by prescribing or administering a drug with known safety issues or failing to adequately inform the patient about the risks associated with the medication.

It is crucial to establish a direct connection between the drug’s use and the harm suffered. This involves establishing the following

  • Knowledge of the Recall: Evidence that the doctor was aware of the drug recall or should have been aware at the time of prescription or administration. 
  • Deviation from Standard of Care: Show that the doctor deviated from the standard of care expected in the medical profession. This could involve proving that a reasonably competent and prudent healthcare provider, with similar training and experience, would not have prescribed or administered the recalled drug.
  • Informed Consent: If the doctor failed to provide sufficient information about the potential dangers and alternatives, it could contribute to a claim of negligence.
  • Causation: Evidence of a direct link between the doctor’s decision to prescribe or administer the recalled drug and the harm you suffered. This involves demonstrating that your injuries were a foreseeable consequence of the doctor’s actions. 
  • Damages: Damages refer to the harm or losses you suffered as a direct result of the doctor’s negligent actions. For example, if the adverse effects of the recalled drug resulted in medical bills, lost wages, pain and suffering, emotional distress, etc.

A medical negligence attorney in Atlanta can assess the specifics of the case, help gather relevant evidence, and build a strong claim of negligence.

Manufacturer Liability

The manufacturer may also be liable for any injuries caused by the defective drug. This could involve filing a product liability lawsuit against the drug manufacturer, separate from a medical malpractice claim. Proving manufacturer liability typically involves demonstrating that the drug was defective or unreasonably dangerous and that the defect directly caused your injuries

Class Action Lawsuits

In some cases, individuals harmed by a recalled drug may join a class-action lawsuit against the manufacturer. Class actions allow multiple plaintiffs with similar claims to pursue legal action collectively.

An Attorney’s Help is Critical

Seeking legal advice is crucial when contemplating a medical malpractice lawsuit after a drug recall. An experienced Atlanta medical malpractice attorney can assess the merits of your case, guide you through the legal process, and help determine the appropriate parties to hold accountable.