You may have heard of Truvada, but does prescribing it mean your doctor can be sued? Medical malpractice lawsuits are increasing as more patients are becoming aware of their rights. When you visit a hospital for treatment, you’re putting your life in their care. That’s because you trust them to do the right thing to make you get better.
However, sometimes, due to negligence, many health care professionals end up worsening your problem. When this happens, you’re likely to feel very hurt and would logically consider a lawsuit against them. In such cases, your best bet is a medical malpractice lawsuit.
A medical malpractice lawsuit is the legal cause of action for patients which personal injury claims. In the suit, the patients claim that medical personnel deviated from professional standards resulting in their injuries.
From improper diagnosis to premature discharge and inappropriate prescription, many activities can qualify as medical malpractice. However, if you’re trying to sue your doctor for prescribing Truvada to you, you might want to hold on a bit.
What Is Truvada?
Truvada is an antiretroviral drug. Manufactured by Gilead Science, Truvada combines Tenofovir Disoproxil Fumarate (TDF) and Emtricitabine to treat HIV/AIDS. It’s a PrEP (pre-exposure prophylaxis) drug and helps prevent HIV.
According to CDC (Center for Disease Control), Truvada is highly effective. If used correctly, it reduces the risk of sexually transmitted HIV by about 99%. It’s also for patients who are at risk through injection drug use.
PrEP is safe, and typical side effects may include headache, nausea, stomach pain, diarrhea, etc. However, many have connected Truvada use to more severe side effects like increased acute renal failure and chronic kidney disease risks. This discovery has led to numerous lawsuits against Gilead Sciences.
Claimants are saying that the manufacturers failed to warn them about the severe side effects. They claim that if they were aware, they’d never have agreed to a Truvada treatment.
Should I Sue My Doctor for Prescribing Truvada?
To sue your attending doctor for negligence in prescribing Truvada, you must prove the following:
- You had a doctor-patient relationship with the doctor in concern.
- The doctor failed in his duty of care to you.
- The doctor’s negligence caused your injury.
- You have suffered as a result of the injuries.
While medical malpractice may seem like the right path to tread, it’d be challenging to prove negligence. That’s because many doctors the world over would prescribe Truvada to lessen the risk of contracting HIV. That indicates that it’s within professional standards to prescribe the drug.
Medical practice may only arise if you have a history of kidney, liver, or bone complications. That’s because Truvada contains TDF, and diligent medical professions know not to administer such drugs to bone, liver, and kidney patients.
What Are My Options?
The principles of law work in such a way that there should be a remedy for every wrong. However, your Truvada claim will likely not fall under medical malpractice. It doesn’t mean that you will not get justice, though. It just means that you may have to go through a different route.
While you may not file a medical malpractice suit, you can get justice through a product liability claim. Like many plaintiffs, you can file a product liability case against Gilead Sciences for the following reasons:
- They knew about Truvada’s chronic effects.
- They neither warned consumers about the danger nor did they attempt to fix it.
- The manufacturers knew of a safer option but declined to release it for selfish reasons.
A successful Truvada lawsuit will offer you compensation for medical expenses, loss of earning capacity, and lost wages. You can also ask for damages for pain and suffering, loss of consortium, etc.
The Differences in Product Liability and Medical Malpractice Cases
Many claimants may find it difficult to distinguish between product liability and medical malpractice cases. It doesn’t help that both suits are within the scope of personal injury law. However, the significant difference between both claims is who the defendant is.
In product liability lawsuits, the claimant sues the manufacturer of a product for producing a defective product. In medical malpractice cases, the defendant is the medical practitioner who failed to maintain the required professional healthcare standard. Understanding the difference between both actions helps you to prepare better for your case.
Let’s Help You Fight for Your Rights
If you or your loved ones face severe complications due to Truvada, contact an experienced personal injury lawyer immediately. At Rueb Stoller Daniel, our attorneys will access your case to determine your success chances. After that, we’d help you fight for justice and take action against Gilead Sciences. Contact us for a free consultation now, as time is of the essence.