Can You Sue for Medication Errors?
Legal Guide to Medication Errors
Each year, thousands of people in the United States are harmed by medical malpractice. While medical malpractice can involve a number of different acts, it includes situations in which a medical provider harms a patient through negligence or providing care to a patient that does not meet the accepted standard of care. Medication errors are one of the most common types of medical malpractice errors that occur, and it is important to know how to respond if you are harmed by a medication error so that you can obtain the compensation you deserve.
Establishing a Medication Error Case
If you are harmed as the result of a medication error, you are often able to file a medical malpractice lawsuit to obtain compensation for the resulting damage. Many of these cases require a person to establish that medical malpractice occurred, which involves establishing that:
- A relationship existed between the patient and the medical professional who made the error. This requires showing that the medical professional agreed to treat the patient and that the patient agreed to receive treatment.
- It must be established that the medical provider was negligent in providing care, which often involves the introduction of experts in the medical community.
- It must be established that the patient was harmed as a result of the medication error. The degree of harm influences how much the malpractice victim will be able to recover. Some of the types of damages that patients are often able to recover include medical expenses, loss of wages, and pain and suffering.
Parties Responsible for Medication Errors
In addition to doctors and other medical professionals who are able to prescribe medication, some of the parties against whom you might pursue medication error claims include:
- Drug manufacturer. If the manufacturer of a drug released a dangerous drug, it might be possible to pursue legal action against the company that distributed or manufactured the drug.
- Pharmacy. In some situations, a doctor prescribed the correct medication to a patient, but the pharmacy that filled the order failed to properly fill the prescription. In these situations, accident victims often pursue legal actions against the pharmacy.
- Class action lawsuit. When drug companies release dangerous drugs, they often act quickly to recall the medication and determine what exactly made the drug dangerous. There have been a number of lawsuits initiated against pharmaceutical companies when a group of patients has suffered from the deadly qualities of a drug. A class action combines the cases of several injured patients who have all been harmed in the same way into one larger case.
Speak with an Experienced Accident Attorney
When you are prescribed medication, you trust that your medical provider, as well as the pharmacy that gave you the medication, will perform their jobs properly. Unfortunately, prescription drug errors can occur and result in life-changing injuries and sometimes even fatalities. If you have been harmed as the result of a medication error, do not hesitate to consult Ferrara Law today so that we can begin to take the steps necessary to make sure that you receive adequate compensation. Request a free case evaluation now.