Justia Lawyer Rating
RDF Ratings - Best Attorneys of America
Million Dollar Advocates Forum
Avvo Rating - Top Attorney, Personal Injury
BBB Acredited Business
Avvo Reviews
Distinguished 2023
Peer Rated 2023

Experimental Drugs Prescribed Without Patient Consent

Doctors will sometimes prescribe experimental drugs to patients who cannot take regular drug treatments for a specific condition and to patients who are not responding correctly to traditional drugs. Experimental drugs are drugs that have not been fully tested and marketed for a specific ailment or condition. In most cases, experimental drugs are in fact medications that have already been approved for one condition but have not yet been carefully tested for use for another treatment. When doctors prescribe medication intended for one treatment on an experimental basis to treat another ailment, this is known as “off label use” and it is considered an experimental use of the medication.

Of course, experimental medication comes with more risks because it has not been tested as thoroughly. For this reason, physicians have an obligation to ensure that patients are correctly monitored and understand the risks of their treatment. If you have been injured because a physician was negligent in prescribing you medication, you may be able to file a medical malpractice claim in Miami or your community. If you have been injured after experimental medication use, you can contact the Flaxman Law Group legal team to arrange for a free accident consultation to discuss your situation. You may be able to seek damages for lost income, added medical costs, and other expenses related to your injuries.

Experimental Medication use in Miami and Florida

In general, patients are given experimental medication in one of two basic situations:

  • A patient becomes part of a research study and is given an experimental drug treatment as part of that study
  • A doctor prescribes a medication “off label” for a patient

In both cases, doctors have an obligation to ensure that patients are safe when taking the medication. When doctors give a patient experimental drugs, they must get informed consent. This means that a medical professional should:

  • Alert the patient that the drug is experimental
  • Research the drug and make sure that the drug is appropriate for the patient’s condition
  • Review any risks or concerns with the patient
  • Have the patient sign a consent form (if the patient decides to try the medication)
  • Monitor the patient for any averse interactions and react appropriately if any problems arise
Medical Malpractice Claims in Miami and Florida

When doctors fail to do this and act in a reckless and negligent manner, serious complication and injuries can result. Patients who suffer drug interactions, allergic reactions, injury, and other serious results after taking an experimental drug may have legal recourse, even if they have signed a consent form. If you've been injured, it is important to speak with a personal injury attorney in Miami or your community. You may have a products liability claim in Miami or your city, or there may be other legal steps you can take to get compensation for your injuries.

If you have suffered an injury due to physician malpractice, contact the Flaxman Law Group legal team for legal advice. The Flaxman Law Group can review your situation and can tell you what options you have. If you decide to pursue a legal claim, the more than 25 years of experience standing behind the Flaxman Law Group legal team can be put to work for you. Call today for your free case evaluation.

When hospitals, emergency rooms, or physicians offer drug therapy or medication to a patient, checking for correct dosage is essential. The right medication at the wrong doses can cause serious complications, injuries, brain injuries, and even fatalities. Incorrect dosages, however, occur in Miami and area hospitals and medical facilities all the time. In many cases, these are completely preventable errors that are caused by poor communication or poor policies.

If you have been seriously injured by the wrong dose of the medication, you may be able to file a medical malpractice claim in Miami or your community in order to seek compensation that can help you pay for medical bills, lost wages, and other damages related to your injuries. To get the details about your legal rights and the laws that protect you, you can always reach the Flaxman Law Group for a free, no obligation consultation to discuss your situation with a personal injury attorney.

How Does Incorrect Dosage Happen in Miami and Area Medical Settings?

Wrong doses can occur as a result of several issues:

  • pharmacy errors
  • misdiagnosis
  • failure to monitor patients
  • failure to note when patients are given a medication
  • failure to check patient medical history
  • not accounting for patient size or age
  • giving children an adult dosage
  • lab errors
  • illegible prescriptions
  • not double checking dosage amounts
  • anesthesia errors

No matter why they occur, wrong doses can have significant negative results. In some cases, patients can go into shock, cardiac arrest, or have seizures because they're given the wrong drug at the wrong dose. Medication errors are also a key cause of surgery error claims in Miami and South Florida. Anesthesia errors in this situation can be extremely dangerous. When an anesthesiologist provides the wrong dose to a patient, the patient can regain consciousness during surgery or can experience a drop in blood pressure or slowed heartbeat during surgery, which can be extremely dangerous.

What to do if You Think You Have a Medical Malpractice Claim in Miami or South Florida

If you have been injured because you have been given the wrong dose of medication, of course you will want answers. In many cases, however, medical professionals are reluctant to take responsibility for the recklessness and negligence which has led to a medication error. If you suspect that you may have a personal injury claim in Miami or South Florida, it is important to speak with a qualified personal injury attorney who has experience in medical malpractice and pharmacy error cases. Pursuing compensation can help bring about important safety changes and can help you get closure and answers about your situation. It can also give you the financial resources you need to get the medical help you require. If you have been permanently or seriously injured, the costs of medical care for you may be substantial, and pursuing a legal claim can help with those costs.

Are you looking for an experienced medical malpractice attorney in Miami or South Florida? You can always reach the Flaxman Law Group legal team to discuss your situation. The Flaxman Law Group team of legal professionals has been helping personal injury and medical malpractice victims in Miami and across South Florida for more than 25 years. Successfully resolving thousands of cases, they have recovered more than $25 million on behalf of plaintiffs. Put this trial knowledge and legal experience to work for you today by contacting the Flaxman Law Group for a free accident consultation.

Client Reviews
★★★★★
"Friendly and professional customer service. From the receptionist to the paralegals, everyone makes you feel comfortable. Best firm I’ve ever dealt with." Catherine M.
★★★★★
"Thank you! This guy is great and really knows what he is doing. I've had to hire several people throughout the years for similar services and Mr. Flaxman is the best by far. I would recommend him to anyone.” Jeff W.
★★★★★
"Very prompt reply. Confident in his abilities. Educated me so I wasn't overwhelmed with the lingo. Very personable. Thank you again for helping me out Mr. Flaxman!!" Tayla M.
★★★★★
"Best attorney and very friendly. He fights for your rights and moves very quickly. If you have any questions, he is always there to answer. I felt at home and relieved knowing he was working on my case. I recommend everyone to get directly to him." Daniella E.
★★★★★
"If you're looking for representation but want to feel like you are working with someone who sees you as more than a name on a list of clients, this is the place for you. By the end of my first call, I felt something I had never felt when seeking any type of legal representation, I felt that I mattered! I wasn't treated as one more case to be handled by a stranger, I felt that I was speaking to a long life friend, who had a sincere desire to help me. Whenever I am asked if I can provide a reference for representation, I don't think twice... I always direct them to one place - Flaxman Law. Flaxman team - thank you for always making me feel like family!" Lori F.