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Mass Tort Resources
- Find Defective Drug & Recall Lawyers, Drug Recall Attorney Finder
- Defective Pharmaceuticals Litigation [infographic]
- Defective Medical Devices Litigation [infographic]
- Birth Control Litigation [infographic]
- Birth Defect Litigation [infographic]
- State or Federal? How Attorneys Choose the Proper Jurisdiction for Medication Mass Torts
- More Mass Tort Articles
Can Damages From A Drug Recall Be Sought In A Medical Malpractice Case
If I am hurt from a drug that is involved in a recall, can I seek damages by filing a medical malpractice case?
What Is A Medical Malpractice Case
Medical malpractice occurs when a doctor, nurse, or other medical professional acts improperly, in an untimely manner, or is otherwise negligent in their job performance, during a diagnosis, or during treatment. An example of a medical malpractice case is as follows.
I make a trip to the nearest hospital's ER with pain and swelling in my leg. The doctor that treats me diagnoses me with a strained calf muscle. He writes me a prescription for acetaminophen and sends me home with directions to ice and heat the muscle for two days. I fill my prescription, go home and ice and heat my leg as directed. During the night, a blood clot forms in my leg and travels to my lung. I die in my sleep. After the autopsy, it is discovered that I had deep vein thrombosis, something the ER treating physician should have diagnosed properly.
At this point, my family can hire a medical malpractice lawyer and try to sue the doctor and/or the hospital that diagnosed me with a strained calf muscle. This attempt to sue and collect compensation on my behalf is a typical medical malpractice case.
What Is A Drug Recall
A drug recall occurs when the Food and Drug Administration receives numerous reports from consumers and physicians of problems and/or complications with a specific drug; a recall can also occur when a drug manufacturer realizes there was a problem during their manufacturing process that affects the medication. In order to actually enact a recall, the FDA must prove without a doubt that there is an imminent threat of death or serious injury to those taking or who have taken the medication in question.
So, Can I Seek Damages From A Drug Recall In A Medical Malpractice Case
No, you cannot file a medical malpractice case and ask for damages suffered from a recalled drug. These are two totally different areas of law; in order to seek damages from being hurt by a recalled drug, you need to file a product liability lawsuit against the drug's manufacturer.