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In order to file a medical malpractice lawsuit, certain elements must be present:
* The expected standard of care for a particular geographical region must have been breached and injury resulted from that breach.
If it was made clear to someone consenting to use experimental drugs not approved by the government, and potential risks and side effects were given and explained, then there is most likely no medical malpractice. The medical professional prescribing such drugs would be held to the standard of care in the community, however, by disclosing all risks to the patient.
One word of advice, even if the medical professional disclosed risks and side effects, the manufacturer of the drug may still have liability if it acted improperly.
To make this determination, one should consider consulting with a medical malpractice lawyer. Before any settlement is entered into, consult a firm that hires medical malpractice lawyers that know the laws in your particular state.