If you were aware the drug was experimental, not FDA approved, were informed of its potential risks, and consented to its use, it probably would not be malpractice. Should the question of liability arise, the inquiry would focus on the doctor’s professional judgment in prescribing the drug.
But don't give up. It may be that the drug manufacturer would have some liability if it acted improperly, or falsified reports to gain approval to test an experimental drug.
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