Truvada prescription is not considered malpractice.
What You Need for a Medical Malpractice Case
To have a valid medical malpractice case, you need to prove the following:
- You had a doctor-patient relationship.
- Your doctor failed to uphold the standard of care.
- This failure caused your injuries.
- You suffered damages.
In most cases, the standard of care argument is where your case might fall flat. To establish your doctor violated the standard of care, we must prove that your doctor did or did not do something that a medical professional in the same situation with similar training would have.
Because countless doctors have prescribed Truvada to lower the risk of contracting HIV, it would be difficult to prove they failed to uphold the standard of care.
Dozens of Plaintiffs Have Filed Product Liability Cases Against the Manufacturer
While a medical malpractice case may be difficult to prove, dozens of plaintiffs have filed product liability cases against Truvada’s manufacturer, alleging that Gilead Sciences, Inc.:
- Knew the dangers associated with its tenofovir disoproxil fumarate (TDF) medications
- Failed to fix the defect or warn consumers about the dangers of using TDF medications
- Held off on releasing a safer product it had created years prior until a year before the patent ran out on its TDF medication (This allowed the company to receive billions in profit while putting consumers’ lives in danger.)
A Medical Malpractice Lawsuit Is Not Out of the Question
As more information is coming to light about the dangers of TDF medications and how much safer tenofovir alafenamide (TAF) medications are, doctors may face malpractice claims and lawsuits if they fail to prescribe the safer option.
Differences in Product Liability and Malpractice Case
Understanding the differences between product liability and medical malpractice can help you feel more prepared regarding the direction in which your claim for compensation may go. Both of these areas of law fall under the broader umbrella of personal injury law.
A personal injury case is actionable when it meets the following elements:
- Someone else owed you a duty of care.
- They did not meet that duty of care.
- The breach caused you harm.
- You sustained financial losses from your injuries.
While the list above is overly simplified, it gives you an idea as to what constitutes a personal injury case. Under product liability and malpractice laws, these sub-areas of the law carry separate nuances and requirements to meet their specific criteria.
Product Liability
Product liability cases, like the class action suit pending against Gilead Sciences, Inc., are the result of a manufacturer developing, making, and selling a defective product.
Medical Malpractice
Medical malpractice mirrors the elements of a personal injury case except that it involves allegations of negligent care by a medical provider. The medical provider can be one person, such as a doctor or nurse, or an institution like a hospital. To have a valid medical malpractice case, you must prove the doctor failed to uphold their standard of care.
When Truvada Could Become A Medical Malpractice Case
While the pending lawsuit against Truvada falls under product liability, there are certain instances in which elements of the case could fall under malpractice.
Patients who have a history or current diagnosis of bone, liver, and kidney problems should not receive a prescription for Truvada and other TDF drugs. Medical providers who prescribed Truvada to patients who have these health issues may be in breach of the standard of expected patient care.
What to Do If Medical Malpractice Played A Role in Your Truvada Injuries
Patients who suspect their Truvada prescription should be considered medical malpractice can discuss their legal options with a personal injury lawyer. Compensation is available to malpractice victims if their doctor knew about the risks associated with Truvada and other TDF drugs but prescribed them anyway.
Chalik & Chalik Injury Lawyers Can Help You With Your Case
Chalik & Chalik Injury Lawyers’ legal team is poised to help you. We can help you determine if your Truvada prescription is a medical malpractice case or a product liability claim. You or your loved one can contact our office for a free case review evaluation by calling (855) 529-0269.
