Filing a Toxic Tort vs. Medical Malpractice

If an illness arises from pharmaceuticals, should you file a toxic tort case or a medical malpractice suit? If you develop symptoms after taking a drug, you may be a victim of some form of negligence. You can consult a lawyer, who will need guidance from a forensic toxicologist or a similar professional, in determining what type of lawsuit to file.

Defective Drugs

If the pharmaceutical is defective in nature, then a toxic tort could be more appropriate. In cases like this, the defect may have risen from the manufacturing process of the drug. There could be a dangerous imbalance of ingredients, a use of incorrect or expired compounds, a contaminated medium, etc. The manufacturer or distributor would be liable for the injurious side effects that victims suffer. Usually, mass torts are filed in cases of defective drugs, involving the individuals that have taken the drugs.

Erroneous Prescription

On the other hand, if a drug has been inappropriately prescribed by a doctor, then a medical malpractice may be in order. When a doctor misjudges a patient’s condition, he/she may issue treatments that are unnecessary or unsuitable. The erroneous treatment would not be provide the right treatment, which can be financially costly at best, and physically damaging or even fatal at worst. Whatever effect the wrong prescription brings, the doctor can be held responsible for it.


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