I suffered a serious reaction from the drug medication my doctor prescribed. Can I file a medical malpractice claim?
If a patient receives the wrong medication for a condition or the wrong combination of medications and suffers a serious side effect or injury as a result, a malpractice claim against the doctor who prescribed the medication, the hospital where the treatment occurred and/or the pharmacist who filled the prescription may be warranted. In addition to a malpractice claim based on a breach of the standard of care, the drug taker may also have a claim against the pharmacy for the medication mistake. If the injuries were caused by the manufacturing or marketing of the drug, for example, if your diet drug gave you a heart attack or an irreversible reaction, then you may be able to sue the pharmaceutical company and retailer. If the drug that caused your injury has been recalled (e.g., Vioxx, Fen Phen, Zoloft) either by the manufacturer or at the request of the FDA, it is advisable for you to contact an experienced product liability attorney.
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