During the past year, many drugs have been unavailable to physicians and patients. This situation has caused a health crisis and a national confidence alarm among patients. The drug shortages are a major problem and have also caused many patients to suffer anxiety, depression and mental anguish. As a result of the shortages of vital drugs consumers have been switched to less effective drugs or been forced to pay significantly more for their medications.
Antibiotics and other anti-microbiologicals are primarily the drugs in short supply. This may have caused infection resistance and sepsis in patients. Also anti-neoplastic (anti-cancer) chemotherapeutic drugs have seen dramatic shortages and patients who had effective treatment with one drug had been switched to other drugs - frequently with serious consequences for the patients, i.e. more adverse effects and less efficacy in treatments. Patients have reported sleepless nights and extreme worry about the continued crisis.
Why are pivotal drugs missing and/or in short supply? The main cause is that pharmaceutical companies stop making drugs when they don't provide sufficient profits! And some medical practitioners fail to stock up on certain medications if these medications don't provide a sufficient margin of profit for the practice. Profit margins are presented as a legitimate concern of healthcare providers and pharmaceutical companies. There are no laws that require manufacturers, pharmacies, or healthcare providers to have all approved drugs available to patients. When patients are not treated with a medication they need, and because of this suffer injury or death, who is responsible? This question will be answered in the future as patients file claims that seek to establish or preserve their right to receive standard of care diagnosis, management, and care - including the medications they need.
The medical malpractice team at Stein, Mitchell, and Muse, LLP evaluates cases of improper medications or lack of treatment due to shortages of medications or denial of treatment that are driven by the economic motives of the healthcare providers. If you would like to discuss your situation with one of our lawyers, please call (202) 737-7777.
