Medicines are the most effective and common treatments we have against diseases. We use these chemical compounds to prevent or stop the spread of diseases. They help diagnose illnesses and ease symptoms. What’s more, they cure our ailments. We have to take the right dosage and medication for this to happen.
It’s why physicians have to take extreme care when prescribing medicines. Pharmacists also ensure that they’re following the prescribed medications to the letter. A mistake can have damaging consequences. It could cause complications like rashes at the very least. But even a perceived minor medication error can result in severe injury or death.
There is a legal recourse for you if you or a loved one has suffered due to a medication error. You can file a wrong medication error lawsuit against the doctor or pharmacy. But a regular attorney won’t be enough in this situation. You need the expertise of an incorrectly filled prescription attorney. They handle cases of medication errors.
What is a Medication Error?
According to the NCCMERP, a pharmacy error results in the wrong medication. The error causes harm to the patient. It is preventable and happens while the medicine is in the hands of the health care personnel or patient.
Medication errors are usually connected to the professional practice that prescribes medicines. It’s also linked to treatment procedures and health care products. It also refers to mistakes with the systems linked to the dispensing of medicines. Medication labeling, packaging, and distribution are also connected.
Who Can Handle Pharmacist Lawsuits?
You need a medical malpractice lawyer if you or a loved one has suffered because of a medication error. Medical malpractice lawyers help patients who are harmed by a doctor or a medical establishment. They also represent the patients and families of those hurt due to a pharmacy’s mistakes.
Medical malpractice attorneys also handle cases involving pharmacy errors. It’s because a medical provider caused the mistakes. For example, a pharmacist made a mistake filling a prescription. Another example would be your doctor prescribing the wrong medication to you.
You have a right to file a wrong medication error lawsuit or an incorrect prescription case. From a medical and legal point of view, these cases are very complicated. An experienced medication errors attorney can prove that negligence occurred. They will do that by proving the following:
· Duty of Care: Specific medical providers are in charge of a patient’s wellbeing. They’re required to follow a standard of care with regard to the patient. A medication error lawyer will establish this.
· Breach of Care: A medical provider can become liable if harm comes to the patient under their care. The harm here can be something simple as not taking note of the patient’s allergies. It also doesn’t matter if the medical personnel responsible is a pharmacist, a doctor, or an orderly. A pharmacy lawyer will show that there was a breach in the duty of care.
· Causation. The lawyer will show that negligence was the direct cause of the patient’s suffering.
· Damages. The incorrect prescription attorney shows the extent of the damage the patient suffered. This can be a financial loss or an increase in medical care. You can also file for emotional distress or for the cost of adapting to the injury.
When Should You File a Medical Prescription Lawsuit?
There are several situations wherein you can file a medication error lawsuit.
· The doctor issued the wrong medicine.
· Your physician gave the right prescription. But they made a mistake in the dosage or duration of the treatment.
· The pharmacist gave you the prescription to the wrong patient. They also made a mistake in filling your prescription.
· Your pharmacist gave the right prescription. But they made a mistake in the quantity, dose, or mixture of drugs.
· The pharmacy gave the correct medication but the wrong instructions.
A doctor writing the wrong prescription is hard to comprehend but it does happen. These cases often involve the prescribing physician choosing the wrong medicine. In some cases, the mistake is due to a typographical error made by the doctor or their staff. A prescription error also happens when the patient’s medical history wasn’t checked. The negligence can also come from the doctor or staff becoming overwhelmed with work. Whatever the reason is, issuing the wrong medicine can be a fatal mistake.
A pharmacy prescription error also has severe consequences. The mistake can happen in many ways but it all boils down to negligence. Any lapse from the selection of medication to dispensation is a pharmaceutical error. A pharmacist mislabeling a prescription is one example.
When it comes to filing claims, the sooner you do it the better. You only have a set period to file a lawsuit. How long that period is depends on where you live. For example, you have three years from the date of your injury to file a malpractice suit. If you live in Virginia, you have two years. Maryland legislation states that you can file within three years. This will start from the discovery of the injury.
Demanding Accountability When Necessary
Medical malpractice can result in untold pain and suffering. At Warner and Warner we can help ease the cost and damages you’re experiencing. We’re one of the premier trial attorneys in Orlando. We guarantee that we’ll fight for your rights. Our team is passionate about justice and has extensive experience. We specialize in medical malpractice lawsuits and personal injury cases. We also handle nursing home neglect, wrongful death, and defective product cases. You can call us at (321) 972-1889. Another way to reach us is to send us an email at info@warnerandwarner.com.