How to File a Medical Malpractice Claim If Your Medication Is Recalled

by | Mar 5, 2023 | Medical Malpractice | 0 comments

Medications are a necessary part of daily life for millions of Americans. When manufacturers fail to ensure the safety of these medications, the results can be detrimental. Defective drugs can cause severe illness, injuries, and even death.

If you or someone you love has been injured by a recalled medication, you may be able to file a medical malpractice claim to recover compensation for the damages you have suffered. Attorney Paul M. Dominguez helps victims of defective drugs hold doctors, pharmacists, pharmaceutical companies, and other at-fault parties responsible for the harm they have caused.

What To Do If Your Medication Is Recalled

Recalled medications are considered defective products under federal law if they do not meet certain safety standards set forth by FDA regulations. If your medication is recalled, stop taking it right away. Check with the recall notice to see if there is a replacement medication and follow those instructions. If there is no replacement medication, contact your doctor or pharmacist as soon as possible to get advice on how best to manage this situation.

If you have suffered harm due to your recalled medication, you may be able to open a claim for medical malpractice. Compensation may be available for:

  • Medical bills (both past and future)
  • Pain and suffering
  • Lost income (both past and future)
  • Reduced earning capacity
  • Funeral expenses
  • Loss of consortium

Partner with a skilled lawyer in order to make sure that you get the compensation you deserve after suffering harm due to recalled medication.

Can You Open a Medical Malpractice Claim If Your Medication Is Recalled?

If a physician has prescribed a drug to you that is later recalled for safety issues, the medical practitioner is typically not responsible for any resulting injuries. Rather, the drug manufacturer would be at fault. However, if the doctor or pharmacist prescribes a drug for off-label use (for purposes not approved by the FDA), they may be held liable for malpractice.

To open a medical malpractice claim, seek legal counsel from an attorney who has experience with these types of cases, as they are often complicated and technical in nature. A seasoned medical malpractice lawyer will know what type of evidence will need to be collected in order to prove your claim and accurately calculate your claim’s value.

Your attorney will also need to prove two things beyond a reasonable doubt in order for your claim to succeed. They are as follows:

  • The recalled medication was the cause of your injury or the death of your loved one.
  • The company responsible for making or distributing the drug was negligent

If you believe that you have been injured by a medication or are suffering from side effects, a medical malpractice lawyer can help determine whether or not your case has merit. If it does, they can guide you through the process of filing a lawsuit and confirm that your rights are protected at every step of the way.

Work With a Medical Malpractice Attorney to Recover Damages Related to a Recalled Drug

If you have been injured by a defective medical device or a recalled medication, a Dominguez Law attorney can help you file a claim against the at-fault party. Whether your case entails holding a physician, pharmacist, or drug manufacturer accountable for your injuries or the death of your loved one, we are committed to standing by your side and fighting to get the justice you and your family deserve.

Schedule your complimentary consultation today with a New Mexico medical malpractice attorney by calling the Dominguez Law office at (505) 850-5854. You may also contact us online via our convenient contact form. Our compassionate and aggressive firm will be by your side every step of the way.

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