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Off-Label Use of Medication/Medical Devices

Generally, problems caused by off-label use of medication and medical devices are not widely reported. However, many people suffer serious illnesses, injuries and death when off-label use of drugs and medical devices is not conducted with the utmost of care.

At Watson & Carroll PC LLO, we have more than 30 years of experience helping injured clients. From our Omaha law firm, we represent clients throughout Nebraska. Our lawyers pride ourselves on providing our clients with exceptional counsel, personalized service and strategic negotiation and litigation services.

Generic Drugs

Doctors will prescribe generic versions of name-brand drugs for a variety of reasons. However, this can be an unsafe practice if great care is not taken. Some of the issues to watch for with doctors prescribing generic drugs include:

  • Proper use: Often the off-label medications do not have the same detailed instructions as their name-brands counterparts. It is essential for doctors to do all the research necessary to be sure that they are prescribing the drug properly, in the right dose, at the right time, and for the right purpose.
  • FDA approval: Many off-label brands do not have approval for public use by the Food and Drug Administration (FDA). Not having this approval does not mean a drug is definitely dangerous, but that approval is an important safety net. Often doctors will assume an off-label drug is safe because the FDA has approved the name brand version of the drug. However, there could be very subtle differences in the ingredients or the chemical mix that could make the off-brand dangerous.
  • Informed consent: Whether the off-brand is approved by the FDA or not, it is essential for prescribing doctors to inform patients fully as to what kinds of medications they are prescribing.

Off-Brand Medical Devices

The main issues involved with using off-brand medical devices are similar to the issues involved with generic drugs. It is essential to read the instructions thoroughly and make sure you are using medical devices exactly as intended.

If you have suffered illness, injuries or the wrongful death of someone you love as a result of off-label use of medication/medical devices, an attorney from our firm can help you obtain the justice you deserve and the compensation you need.

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