Have you been injured due to medical malpractice or hospital negligence in Texas? Contact our office to schedule a free consultation with our experienced San Antonio personal injury lawyers. Here are some examples of defective prescriptions and malpractice cases that we have dealt with.
Examples of Defective Prescriptions | FDA Guidelines
Another concern for patients, and an area that requires investigation by a medical malpractice attorney, is whether a medical device was used in a manner not approved by the Food and Drug Administration (the “FDA”).
A medical doctor can use and prescribe prescription drugs and medical devices in a manner and in ways not intended or approved by the Food and Drug Administration. It is not uncommon for physicians and other health care providers to use drugs and medical devices and products in a manner not intended or approved. This is referred to “off-label” use. This nonapproved use (or off-label use) by physicians is common and can have benefits for patients; but only a physician, after exercising sound medical judgment, may make the decision for off-label use. Even so, when a doctor decides to use a drug or device in an off-label manner, the failure to exercise reasonable care in this treatment method can give rise to liability. However, a company that manufactures a drug or medical device cannot promote its use in a way not approved by the FDA — any advertisement or representation indicating off-label or nonapproved uses of drugs or devices by the manufacturer or its representatives can lead to liability for the harm caused by off-label use.
Examples of Defective Prescriptions | Successful Malpractice Case
In a recent instance, we were contacted by a family to bring a claim against a doctor for catastrophic injuries resulting from a medical procedure that was conducted in a physician’s office/clinic. Upon investigation, we determined that the injury was not caused solely by the doctor’s conduct, but was most likely caused by a medical device that the doctor used in the procedure. Instead of bringing the lawsuit against the doctor alone (which would have severely limited the recovery to our client due to the limits and caps under Texas law) we were able to obtain a multimillion-dollar settlement for our client against the manufacturer of the medical device because the device and the training that the company provided to the doctor were the root cause of the traumatic injuries.
Examples of Defective Prescriptions | Contact Rush & Gransee, L.C.
Many of the companies that manufacture pharmaceuticals (prescription drugs) and medical devices (bone and joint replacements, pacemakers, pain management devices, instruments used for procedures or which are implanted in patients) often consider the profit of selling the drugs and devices without fully considering the public safety and consequences inherent in some of these items. An unsafe or untested medical product can cause serious and even fatal injury. While products may have been tested before they were put in the public marketplace, in many instances the testing was improper or did not fully disclose all of the risks. At Rush & Gransee, L.C., we are experienced in investigating and pursuing medical negligence claims involving injuries from medical devices and drugs.