Medication errors are among the most common forms of medical mistakes in the United States. A medication error may result in severe illness, organ damage, prolonged hospitalization, or even death. If you were harmed by a medication mistake in Pennsylvania, you may have grounds to file a Philadelphia medical malpractice lawsuit.
When Does a Medical Error Qualify for a Malpractice Lawsuit?
Not every adverse reaction to a medication constitutes malpractice. To successfully pursue a medication error claim in Philadelphia, an injured patient generally must establish that a healthcare provider failed to adhere to accepted medical standards in prescribing or administering medication.
Common medication errors that may support a malpractice claim include:
- Prescribing the wrong medication
- Prescribing the wrong dosage
- Administering medication to the wrong patient
- Failing to identify dangerous drug interactions
- Ignoring documented allergies
- Dispensing the wrong medication
- Failing to properly monitor a patient’s response to medication
Importantly, a patient must demonstrate that the mistake directly caused an injury. For example, if a physician prescribes a medication that triggers a severe allergic reaction despite a known allergy documented in the patient’s records, the resulting injuries may support a malpractice claim.
Medical malpractice cases often require expert testimony to establish what a reasonably competent healthcare provider would have done under similar circumstances and how the defendant deviated from that standard.
Procedural Requirements You Need to Comply With Before Filing
Pennsylvania imposes numerous procedural requirements that apply specifically to medical malpractice lawsuits.
In most cases, a qualified medical expert must review the claim and determine that there is a reasonable basis to conclude the medical provider’s conduct fell outside acceptable professional standards. You must then file a Certificate of Merit before proceeding with other phases of the lawsuit. Failure to do so can result in dismissal of the case.
Additionally, medication error claims must generally be filed within Pennsylvania’s applicable statute of limitations, which is generally two years from the date of the malpractice. In some cases, the time period may not begin until you discover your injuries, assuming that date is later than the act of malpractice. Waiting too long to pursue legal action may result in losing the right to file a lawsuit in court.
Damages You Can Recover Through a Medication Error Lawsuit
A successful medication error claim may allow an injured patient to recover compensation for economic and non-economic losses. A lawsuit may provide potential damages for:
- Past and future medical expenses
- Hospital bills
- Rehabilitation costs
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Disability or impairment
- Loss of enjoyment of life
Alleging, and later proving, that you suffered these or other damages is an important element of filing a malpractice case.
Contact an Experienced Philadelphia Medical Malpractice Lawyer for Help Filing Your Claim
If you believe a medication error caused you or a loved one serious harm, you may be eligible to initiate a medical malpractice lawsuit. The best way to determine your rights is to consult an experienced Philadelphia medical malpractice lawyer.
Contact Morris Wilson Knepp Jacquette, P.C. to schedule a free consultation to discuss your rights. Our legal team can guide you through every stage of the claims process.