Medical malpractice can include cases of misdiagnosis, errors made during a surgery or other medical procedure, and of course, medication errors. Unfortunately, medication errors are very common and one simple mistake could lead to a lifetime of consequences for the victim.
Victims who have been injured as a result of a medication error may be entitled to compensation for medical expenses, pain and suffering, lost wages, and in some cases, punitive damages. When medication errors are fatal, the victim’s family may be able to pursue a wrongful death claim against the negligent party. To learn more about available legal options, contact the Trial Lawyers for Justice today.
Types of Medication Errors
A number of different medication errors may occur in the course of treating a patient, including:
- Administering the wrong medication
- Prescribing the wrong medication
- Administering the incorrect dosage of a medication
- Administering or prescribing a medication that the patient is allergic to
- Not discussing the potential side effects associated with a medication
- Prescribing or administering a medication that will interact with another medication the patient is taking
Liability For Medication Errors
The first step in pursuing a medical malpractice or wrongful death claim is determining liability, however this can be complicated when it comes to medication errors because there are so many parties involved. You will first need to figure out what went wrong that led to the error.
If the wrong medication or the wrong dosage was administered to a patient, whoever administered or prescribed the medication would be liable. For example, if the doctor prescribes the wrong medication, he would be held liable. However, if he prescribes the correct medication, but the nurse administers it wrong or gives you the wrong dosage, this would be the nurse’s fault. This often occurs with medications that need to be administered a certain way, such as injected into the muscle as opposed to into the bloodstream.
In rare cases, a pharmacist may give you the wrong medication because the prescribing doctor’s handwriting was so poor, he misread what the doctor wrote. Even though the pharmacist made the mistake, the doctor would be held liable in this case.
Patients may also be victims of mislabeling, which occurs when a manufacturer or retailer accidentally puts the wrong label on a medication. In this situation, whoever labeled the medication would be held liable.
Doctors, nurses, or pharmacists could be held liable if a prescribed medication interferes with another medication you are on, if you are not warned about the side effects, or if you are allergic to the medication.
Medication error cases can be complex, so you will need the help of an experienced attorney who can gather the appropriate evidence, call upon expert witnesses, and fight to help you recover the compensation you deserve.
What To Do If You Are A Victim
Some medication errors are minor and harmless, but others can lead to serious injuries or even be fatal. If you or a loved one has been injured because of a medication error, discuss your legal options with the Trial Lawyers for Justice team. Call 888-811-0844 today to schedule a free consultation.