Can I Sue for a Medication Error?
All prescribed medications come with side effects that can be pretty significant, such as blood clots, internal bleeding, high blood pressure, meningitis and even brain infections. However, if these side effects aren't properly disclosed, or if there is a mistake in the prescription process, those errors can result in a medical malpractice lawsuit.
Health Care Provider Duties
A side effect is a symptom that is unrelated to the condition for which the medication is taken. When doctors prescribe medications, they have a legal duty to assess the:
- Relative benefits and risks of the medication
- Relationship of the prescription to other medications being taken by the patient, and
- Medication's known side effects.
When a pharmacist dispenses prescribed medications, they must correctly read the doctor's prescription and fill it with the correct medication in the proper dosage. Also, when prescribed medications are administered by injection in a doctor's office or hospital setting, health care providers must administer the correct medication in the proper dosage and with the medically accepted protocol.
Prescription Drugs and Medical Malpractice
If a doctor, pharmacist or other health care provider fails to comply with the duties mentioned above, you may have a medical malpractice lawsuit on your hands. In order to establish the lawsuit, you may need to prove the following:
- You took the medication in strict accordance with the instructions provided to you.
- Your doctor did not take the proper steps in advising you of the side effects or other complications.
- The medication dispensed by the pharmacist was different from the medication prescribed by your doctor.
- The nurse either injected the wrong medication or administered it in an improper manner.
Additionally, you may need expert testimony to prove a link between the medication error and the resulting harm. You are also required to show that you have suffered damages that are compensable under the law. If you succeed in proving your case, you may be entitled to recover damages for your medical expenses, lost earnings and pain and suffering.
If you're suffering any ill effects after taking a prescribed medication, the first thing you need to do is talk to your doctor. The next step is contacting a Montgomery County medical malpractice attorney at Morris Wilson, P.C. immediately. We can help you collect evidence, talk to expert witnesses and file the lawsuit on your behalf.
Call (610) 810-2082 or contact us online for a free case evaluation. All of our injury cases are handled on a contingency fee basis, which means if we don’t obtain compensation on your behalf, you don’t have to pay us any legal fees.