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

Published on June 10, 2022

A patient might file a medical malpractice lawsuit against their doctor or medical provider after a drug recall only if the doctor or medical practitioner who prescribed the drug was negligent in doing so and the patient suffered harm as a result.  When a doctor or provider prescribes a drug for its intended purposes as authorized by the Food and Drug Administration (FDA), that doctor is not committing medical malpractice.

It makes no difference for the purposes of medical malpractice if the drug was later recalled and the patient suffered harm as a result of its use. To sue a medical provider for malpractice, that medical provider needs to have committed a prescription drug error of some type when administering the drug.

What is a Prescription Drug Error?

There are several kinds of prescription drug errors, and doctors are not the only medical professionals liable for prescription drug errors. Any provider responsible for prescribing and administering a drug can be liable for an error, including the pharmaceutical manufacturer.

Common prescription drug errors include:

• Administering the wrong drug or the wrong dosage of a drug to the patient;

• Mislabeling a drug;

• Prescribing the patient a drug they are allergic to;

• Prescribing the patient a drug with negative interactions with their other medications; and

• Failing to warn the patient of the common side effects of a drug.

A doctor may also prescribe a drug for an off-label use not approved by the FDA.  This would increase their chances of liability in a medical malpractice lawsuit.

Was There an Injury?

Even if a provider commits a prescription drug error, the patient must suffer compensable harm or loss in order to file and recover damages in a medical malpractice lawsuit.  If the patient’s health is not impacted, there are no complications, additional medical treatment, or any other injury; there is no medical malpractice case.

What if I Do Not Have a Medical Malpractice Lawsuit?

If you suffered an injury due to a recalled drug, but you do not have a medical malpractice lawsuit against your medical provider, you likely have a products liability suit against the drug manufacturer.  Many product liability lawsuits become class action lawsuits and are litigated in federal court.

Contact an Experienced Phoenix Medical Malpractice Attorney

If you would like to know more about a drug you were prescribed and suffered side effects from, or if you were harmed by your medical provider, the experienced medical malpractice attorneys at Knapp & Roberts can help.  Knapp & Roberts is a client-focused, full-service medical malpractice law firm that helps victims recover their dignity and move forward after devastating medical errors.

There are strict time limits to file medical malpractice lawsuits in Arizona, so do not wait to discuss your situation with a skilled attorney at Knapp & Roberts.  We will carefully assess your case, evaluate your medical records, and advise you of any legal options available for recovery.