We live in an era where advanced medicine is helping people live longer, healthier lives. Diseases that at one time would have meant certain death, can be managed with a daily pill.
We look to our physicians to recommend pharmaceuticals that have been thoroughly researched and deemed safe for use. But what if the harm caused by the medicine outweighs the good? Furthermore, what if the pharmaceutical company knew of the danger but continued recommending it to healthcare providers?
Can drug companies be charged with medical malpractice?
Holding big pharma accountable
A medical malpractice suit is a complex legal case that requires the plaintiff to prove certain key elements, including:
- The physician had a duty of care toward the patient
- They failed to provide the care that another skilled health professional would have provided under similar circumstances
- The physician’s breach of duty was the cause of injury to the patient
- The patient suffered actual damages as a direct result of the negligence
Medication errors cause the death of between 7,000 to 9,000 people each year. For others, these errors can lead to serious health consequences. In New Jersey, victims of medical malpractice can file lawsuits against their doctors and potentially others involved in their care, including pharmaceutical manufacturers. Pharma companies can find themselves facing legal repercussions if they are found to be negligent in their duties, such as providing incorrect instructions or withholding vital information.
It’s important to note that New Jersey has a two-year statute of limitations on medical malpractice suits. Due to the complexity of proving pharmaceutical negligence, working closely with someone who can review your case and guide you through your options is crucial.