Is a Prescription Drug Error Grounds For a Medical Malpractice Claim?

Medical malpractice litigations are based on different actions or inactions of a doctor. However, such cases are challenging as there is a lot of focus on whether the conduct of the doctor meets the approved standard of care or not.

Common prescription drug errors

  • Giving the patient the wrong medication– Doctors and nurses are responsible for prescribing and giving patients incorrect medication.
  • Administering wrong dosage– Even when a decimal point gets missed than for the patient it is either too little or too much medication.
  • Administering medication at the wrong place– The administration of different medications differ. Some drugs need to get directly in the blood, while a few in the muscles.
  • Medication mislabeling– It can occur before the drug leaves the pharmacy or the manufacturer’s warehouse. Medication mislabeled means the patient receives incorrect dosage or medication. The manufacturer can undergo a product liability lawsuit. If the pharmacy is at-fault, this can cause a medical malpractice claim.
  • Prescribing allergic medicine– The pharmacist and the doctor is liable for this kind of prescription drug error, especially when you use the same pharmacy every time. The pharmacist will be aware of your allergies just like your regular doctor.
  • Not warning the patient about the medications side effects– The doctor and the nurse are responsible to inform the medications side effects and what precautions to take including food and beverage.

When medicines are prescribed, patients trust the medical provider and even the pharmacy for giving the right medicine. Unfortunately, if there is an error in the writing or the filing of the order then the patient’s condition can suffer. The conditional can be minimally damaging or fatal, depending on the error nature.

If you are a victim of prescription drug error and reside near Miami, then consider calling Dolan Dobrinsky Rosenblum Bluestein, LLP law firm. They are experienced in representing victims of doctor malpractice. The lawyer will need to establish an occurrence of medication error. It involves –

  • Establishing a relationship between the at-fault medical professional and the patient. It needs to show that the doctor and the patient approved to give and receive the treatment, accordingly.
  • Establish that the doctor was negligent in offering care, which will involve medical community experts.
  • Establish that the patient’s medical condition went bad due to medication error. The severity of the damages will determine the amount of compensation a malpractice victim can possibly recover. Damages victims can recover include medical expenses, income loss, as well as pain & suffering.

Parties liable for prescription medication errors

Besides the doctor who prescribed the medication, there are some parties whom you can sue under medical malpractice.

  • Drug manufacturer – If a dangerous or defective drug gets released, the victim can sue the drug manufacturer.
  • Pharmacy – Sometimes the doctor’s prescription is accurate, but the pharmacy failed their duty. In such cases, the victim can sue the drugstore.
  • Call action lawsuit – At times a dangerous drug gets released and gets instantly recalled to test it again. When several patients’ suffering from that dangerous drug quality initiates a class action combined lawsuit against the manufacturer.

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