Prescription Drug Malpractice Claims: Determining Negligence


Medical malpractice is one of the hardest cases to prove, especially against major medical corporations, pharmaceutical companies or hospitals. However, an experienced medical malpractice attorney can fight for your rights against any corporation, doctor or medical provider, no matter what the size, if he or she is knowledgeable in the current laws, the burden of proof necessary in malpractice cases and the legal precedents in this area of law.

Malpractice is often cited in cases in which patients are given prescription drugs incorrectly or irresponsibly, and in which they also suffer a tangible injury. A lawyer must prove negligence as well as show evidence of injury if success is to be assured in a malpractice case involving prescription drugs. Negligence can mean that the doctor or medical professional gave you the wrong dosage, instructed you to use the drug incorrectly or didn’t give you enough of a particular medicine as is accepted for use in the medical field for your particular condition. Once negligence is proven, documented injuries directly related to the misdiagnosis or misdistribution must be shown.

If you or someone you love has suffered ill effects after being given a particular prescription drug, you can help your case by keeping meticulous records of your health, the side effects or injuries you experience and doctors visits as they occur. The more careful you are in your recordkeeping, the stronger case you will have. A lawyer can then argue for compensation for your medical bills, pain and suffering, lost wages and more.