Skip to content

COVID-19 Update: Hire Us from the Comfort of Your Own Home - DETAILS HERE

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

Oct25

It depends. Medical malpractice occurs when a doctor or other medical practitioner commits a negligent act or omission that leads to injury. Prescribing a drug for purposes authorized by the Food and Drug Administration (FDA) — even if that drug harms you and is later recalled—does not in itself constitute medical malpractice.

If you suffered injury from a recalled drug, in all likelihood you have a products liability suit against the drug manufacturer. Most such suits become class action lawsuits — some of them massive — that proceed in the federal courts.

But there are other scenarios under which a doctor who prescribed a recalled drug may face a medical malpractice lawsuit. For example, a doctor who prescribes drugs off-label — i.e., for purposes not approved by the FDA — and who continues to prescribe drugs for off-label use despite mounting evidence that such use is neither safe nor effective may be committing malpractice, especially if other doctors within his or her area of specialization no longer or never used that drug in that manner.

A doctor who prescribes too much or too little of a given medication — regardless of whether that medication is later subject to a FDA recall — puts patients at risk and may also be committing malpractice. The key to determining whether a doctor has committed malpractice by over-prescribing a medication is to look at what other doctors with similar qualifications and similar patients have done.

If your doctor stepped too far outside the bounds of established, evidence-based medicine in his prescribing practices and you suffered injury as a result, you should discuss your case with a malpractice lawyer to determine whether it makes sense for you to file a malpractice claim.

Get A Free Case Consultation

Our Location

2200 Pennsylvania Avenue, N.W.

4th Floor East Tower

Washington, D.C. 20037

202.223.4488

Get Directions

Get A Free Case Consultation