Medication errors can occur at nearly every stage of medical treatment. Some medication errors are so severe that they justify legal action to help a patient recover compensation for injuries or conditions caused by malpractice.
If you were harmed by a medication error in Pennsylvania, you may have the right to pursue compensation through a Philadelphia medical malpractice claim. However, these cases require compliance with specific procedural requirements before a lawsuit can move forward.
Gather Evidence That You Were Harmed Because of a Medical Error
The first step in pursuing a Philadelphia medication error claim is documenting the harm that resulted. Initial evidence that can help you establish your damages and show you suffered injuries from malpractice includes:
- Medical records
- Prescription records
- Pharmacy records
- Hospital charts
- Medication administration logs
- Laboratory results
- Discharge instructions
- Photographs of injuries or complications
You should also maintain financial and personal records showing the impact of the error on your life, including medical expenses, lost income, and ongoing pain and suffering.
Consult with Medical Experts to Determine if You Received Substandard Care
Healthcare providers are expected to comply with the applicable standard of care when prescribing or administering medications. A lawsuit generally requires proof that a provider failed to meet that standard and caused a patient to suffer physical complications.
Examples of potential medication errors include:
- Prescribing the wrong medication
- Prescribing a contraindicated drug
- Failing to review allergies
- Administering the wrong dosage
- Dispensing the wrong medication
- Failing to recognize dangerous drug interactions
- Failing to monitor a patient’s response
Medical experts are required to determine whether the provider’s conduct fell below accepted medical standards. A specialist in a similar discipline as the defendant can provide testimony on whether you received substandard treatment and what a reasonable provider would have done in the situation that led to your injury/condition.
Comply with Procedural Requirements Before Filing Suit
Pennsylvania imposes several procedural requirements in medical malpractice cases.
One of the most important is the Certificate of Merit requirement. Generally, a plaintiff must file a Certificate of Merit confirming that an appropriately qualified medical professional has reviewed the claim and concluded there is a reasonable basis to believe the defendant’s conduct fell outside acceptable professional standards.
Failure to comply with this requirement can result in dismissal of the lawsuit. Pennsylvania law also imposes deadlines for filing medical malpractice claims. Missing the statute of limitations may prevent you from being able to file a lawsuit.
Contact an Experienced Attorney to Initiate Legal Action on Your Behalf
The best way to learn how to file a medication error lawsuit (and whether you can file one) is to consult an experienced Philadelphia medical malpractice attorney. An experienced attorney can investigate the circumstances of the error, gather evidence of malpractice, and coordinate testimony from qualified experts regarding your injuries and damages. They can also ensure compliance with Pennsylvania’s procedural requirements.
If you believe a medication error caused you or a loved one serious harm, contact Morris Wilson Knepp Jacquette, P.C. to discuss your legal rights and options during a free consultation.