Common Prescription Drug Errors
Posted in Medical Malpractice on June 1, 2021
Prescription drugs are vital to treating hundreds of Missouri patients each year. When we need a prescription, we trust that the responsible medical professional gives us the correct medication and dosage. Unfortunately, some healthcare providers commit serious errors while prescribing these drugs, leading to serious consequences. If you were injured due to a prescription drug error, you may be able to file a lawsuit against the at-fault provider.
What Is a Prescription Drug Error?
A prescription error refers to any preventable harm that occurs due to a medical professional’s negligence when dispensing or prescribing medication. These errors can occur for several reasons, including poor communication, lack of training, and incorrect medical abbreviations.
Common types of prescription drug errors include the following.
- Prescribing the wrong medication or dosage
- Failure to warn a patient about side effects
- Prescribing a medication that a patient is allergic to
- Failure to provide proper instructions for taking the medication
- Prescribing a medication that reacts negatively with another medication
- Mislabeling a medication
Who Is Liable for a Prescription Error?
A prescription drug error can lead to serious, dangerous complications. Your condition may progress, leading to a worse condition than what you would have experienced otherwise. You may overdose on the medication, suffer a serious allergic reaction, or sustain other injuries or illnesses.
If you sustained an injury due to a prescription error, you may have grounds to file a lawsuit against the at-fault medical professional. The following parties could be liable in a medical malpractice claim.
- The prescribing doctor or nurse if he or she commits an error when prescribing, administering, or informing a patient about the medication
- A pharmacist who fills the wrong prescription, mislabels the medication, or instructs a patient to use the wrong dosage
- A manufacturer who mislabels the medication or creates defective drugs
In certain situations, a pharmacy, hospital, or other medical clinic if the at-fault party is an employee of the facility. If you are unsure who to hold accountable in your medical malpractice lawsuit, speak to a Missouri medical malpractice lawyer as soon as possible.
Legal Options for Prescription Error Victims
If you sustained an injury due to a medication error, you may have grounds to file a lawsuit against the at-fault medical professional and his or her provider. Through this type of claim, you can recover compensation for the losses you sustained due to the prescription error, such as medical expenses, lost wages, and pain and suffering. To secure this compensation, you will need to provide enough evidence to prove four key facts.
- The medical provider owed you a duty of care. All healthcare professionals owe a duty to uphold a certain standard of care while treating patients in a formal capacity, so your medical records can establish this fact.
- The medical provider breached his or her duty of care through a negligent act or omission. You will need to prove that the at-fault party’s actions deviated from what another medical provider would have done under the same circumstances.
- The medical provider’s breach of duty caused your injuries. Your medical records, scientific evidence, and testimony from expert witnesses, such as other medical professionals, can help you establish this element.
- You sustained damages due to the negligence that you can establish in your claim. Medical bills, invoices, correspondence with your employer, and other documents can prove your right to compensation.
If you are injured due to a prescription error, contact a Kansas City medical malpractice attorney as soon as possible. Your lawyer can analyze your case and identify your optimal path to recovery.