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Medication Error Malpractice Claims
At Lawsuit Legal our medical malpractice attorneys represent patients injured as a result of medication errors.
Doctors who prescribe the wrong drug, wrong dose, wrong patient, or fail to take into account the patient's medical history and medications and injure patients can be held liable for damages.
These preventable errors during the treatment process can cause serious harm.
You can file a medical malpractice lawsuit against the prescribing physician, nurse, pharmacist, hospital or clinic depending on the situation.
When a preventable medication error causes serious injury or death, you deserve accountability.
Contact our experienced medical malpractice attorneys to discuss what happened and review your legal options.
When negligence occurs, our medical injury lawyers can help you take legal action to pursue the compensation you deserve.
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3 Types of Medication Error Cases We Handle
The majority of cases our dedicated medical malpractice lawyers handle consist of three preventable medication errors that cause the most catastrophic harm: wrong medication prescribing, dosage calculation failures, and drug interaction negligence.
Even a minor error can be damaging. In severe cases patients suffer catastrophic injuries or die from these mistakes.
Prescribing the Wrong Medication: Physicians who prescribe wrong medications, medications the patient is allergic to, the wrong route of administration, or drugs contraindicated for documented conditions may expose them to liability. Medication mistakes involving giving the wrong medication account for a large portion of the injury claims we receive.
Prescription Overdose: Overdoses and underdoses result from calculation failures, verification breakdowns, and ignored safety alerts. Dosage errors can result from decimal point mistakes, failing to adjust the amount for pediatric weight or geriatric kidney function, neglecting dose adjustments and administration errors.
Interactions with Current Medications: Drug interaction errors demonstrate pure negligence because they're 100% preventable with proper screening. one or more healthcare professionals may be to blame, from doctors, nurses, and other healthcare workers, to pharmacists or pharmacy technicians responsible for distributing prescription medication. When protocols don't exist or aren't followed to prevent dangerous drug combinations, that's institutional negligence.
Giving the wrong medication violates the trust patients have in their healthcare providers. When the standard of care with your doctor, pharmacist, or nurse was violated, and you were harmed you can take legal action.
Holding Big Healthcare Accountable After Preventable Medication Errors
If you or a loved one has suffered a serious adverse reaction after being give the wrong medication or from a dosage error, you deserve compensation. A number of mistakes related to the prescribing, dispensing, administering, or monitoring medications can give rise to medical malpractice claims. Errors can happen for many reasons, miscommunication, negligence, inadequate training, inadequate supervision, and faulty systems - but you'll need to prove it.
Here's how we hold healthcare facilities accountable:
- Secure Medical Records - Medical records typically contain the proof of negligence. The paper trail exposes exactly where the system failed. We extract the documentation to build a strong case and prove that the error was preventable and multiple safeguards were bypassed leading to your injury.
- Identify All Liable Parties - Medication error cases can involve liability layers that need to be uncovered. The dispensing pharmacist. The administering nurse. The healthcare facility. Each carries separate coverage (individual professional liability, hospital medical malpractice insurance, pharmacist policies, umbrella excess coverage). Our goal is to get you paid as much as possible as fast as possible by pursuing maximum recovery from all liable party.
- Medical Expert Testimony - We work with board-certified physicians, clinical pharmacists, and nursing experts who review medical records and identify where practice deviated from accepted standards. This testimony is critical to prove that the error was preventable and establish causation between negligence and injury.
We hold major healthcare systems fail patients, we are here to help you hold them accountable.
Proving Medical Negligence
Medical negligence requires four elements: duty, breach, causation, and damages. The physician owed you a duty to prescribe correctly and take into consideration your medical records. They give you the wrong medication. The medication mistake directly causes harm. You suffered quantifiable damages. Without all four elements backed up by evidence it doesn't give rise to a medical negligence claim. Big Healthcare knows this. Our job is forcing disclosure of the paper trail that proves it. The incident reports, the override logs, the prior complaints.
Frequently Asked Questions
- Q: What types of medication errors qualify as medical malpractice?
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A: Wrong medication, incorrect dosage, wrong patient, wrong route of administration, wrong time, failure to monitor for adverse reactions, and prescribing contraindicated medications all qualify when they cause serious harm. The error must represent a departure from accepted medical standards and result in measurable injury beyond the underlying condition.
- Q: How much is a medication error lawsuit worth?
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A: Case value depends on injury severity, degree of negligence, and available insurance coverage. Punitive damages can multiply these amounts in cases of gross negligence or systemic safety failures. Speak with an experienced malpractice attorney to review the facts of your case and to determine a fair value for what you suffered.
- Q: Can I sue if the hospital says the medication error was unavoidable?
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A: Hospitals routinely claim errors were unavoidable complications rather than preventable negligence. Most medication errors violate medication administration protocols and represent a standard of care breach. Don't accept the hospital's characterization without speaking with an experienced attorney.
- Q: How long do I have to file a medication error lawsuit?
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A: Medical malpractice statutes of limitations vary by state, typically 1-3 years from the date of injury or discovery of harm.
Let Lawsuit Legal's Medication Error Attorneys Review Your Case
Our experienced attorneys know exactly what constitutes medical malpractice. Adverse drug reactions don't automatically equal malpractice. For a successful medical malpractice claim, the healthcare provider must be shown to have violated care standards.
A direct relationship between the medication error and the resulting harm or injury must exist to establish they were medically negligent.
Let us fight to secure the justice you deserve when medical negligence that should never have happened has harmed you.
Our skilled medication error lawyer will review the details of what happened and help you determine if you have a case.
Contact our nationally recognized personal injury attorneys at (888) 713-6653 for a free medication error case review now.
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External Resources
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