Our California Malpractice Defense Attorneys Represent Pharmaceutical Companies and Doctors in Toxicity Claims

Protecting the people and companies that protect our health

Drugs have the power to save lives. They can also cause severe illness or death under certain circumstances. Pharmaceutical corporations, doctors, nurses and pharmacists immediately come under scrutiny when a patient suffers a negative response to a medicine type, interaction or dose. However, adverse drug reactions are not always somebody’s fault, and sometimes the patient is partially to blame.

Davis, Grass, Goldstein & Finlay is a premier medical malpractice defense law firm in Ontario that represents healthcare providers, insurance companies and drug corporations throughout the Los Angeles area. Because we exclusively handle malpractice claims, our attorneys are deeply familiar with the complex medical knowledge and the intricate legal concepts involved in these types of cases. With 150 years of combined litigation experience, our lawyers have the polished trial skills to employ an aggressive and effective defense. We know how dedicated you are to your patients, and we match that dedication to your case.

Claims of prescription and administration problems

Patients may respond in an unpredictable manner to drugs — including allergic reactions, negative side effects, inefficacy or wrongful death. In these cases, doctors, nurses and pharmacists are often accused of prescription negligence stemming from any of the following errors:

  • Prescribing too high a dosage
  • Prescribing the wrong kind of medication for the condition
  • Recommending off-label use of a medication
  • Failing to adequately screen a patient for negative drug interactions
  • Providing insufficient follow-up care of patients to test for adverse reactions and side effects

Allegations against pharmaceutical drug corporations

Drug corporations conduct studies to determine the efficacy and safety of their products. However, it would be impossible to consider every scenario or to force patients to follow directions and read warning labels. Hence, medical companies may be accused of the following types of negligence:

  • Producing harmful drugs
  • Failing to warn patients of potential side effects and adverse reactions
  • Providing inadequate instructions

Affirmative defenses to drug toxicity

California abides by the comparative negligence doctrine — which means that a patient who is more than 50 percent at fault cannot collect damages. If a patient contributes to the injurious condition by less than 50 percent, the award is reduced by the amount the patient is to blame. For this reason, our legal team investigates whether the patient contributed in any of the following ways:

  • Failed to disclose use of pharmaceutical or herbal medications
  • Mixed medicines without the doctor’s permission
  • Drank alcohol or took illegal drugs while taking the prescription medications
  • Delayed treatment of side effects or adverse reactions
  • Suffered an unexpected allergic reaction to the drug
  • Engaged in behavior that hurt the patient’s health

Learn more about defenses against pharmaceutical toxicity

Consult with an experienced defense lawyer about challenging allegations of drug toxicity and malpractice. Call Davis, Grass, Goldstein & Finlay at 909-476-2662 or contact us online to schedule an appointment at our Los Angeles-area office, which is located near the intersection of I-10 and I-15 and only a few minutes away from the Ontario International Airport. We have helped healthcare providers throughout Riverside and San Bernardino counties and all of Southern California for 150 years combined.

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