Can Someone File a Medical Malpractice Lawsuit for a Prescription Error

There are many types of medical malpractice cases: surgical errors, misdiagnosis, and emergency room errors are just a few examples. All of these cases see doctors deviate from the accepted standard of care, causing harm to patients. Prescription errors can result in harm, too, so contact a medical malpractice attorney in Maryland if you believe you’ve experienced a prescription or medication error that resulted in harm.

What Is a Prescription Error?

There are different types of mistakes a doctor can make when prescribing medication. Both prescribing too much and too little medication can be considered a prescription error. Prescribing an incorrect medication or prescribing several medications that are harmful when taken together are also prescription mistakes. Failing to communicate the risks associated with taking a specific medication can also be considered a prescription error.

Even a practitioner administering appropriate medication without the proper authorization may be considered a prescription error. An error with your prescription can occur when prescribing medication, dispensing it, or administering it. Errors can also take place while practitioners are monitoring patients after taking the medication.

Are Prescription Errors Common?

Prescription errors are very common. Every year, the FDA receives over 100,000 reports related to suspected prescription errors. These reports come from consumers, practitioners, and medication manufacturers alike.

The National Academy of Medicine estimates that 1.5 million Americans are affected by prescription errors every year. Thankfully, not every prescription error causes harm to patients.

Can Someone File a Medical Malpractice Lawsuit for a Prescription Error?

Although not every prescription error causes harm, some do. Some errors can result in severe illness and even death. If you or a loved one have experienced a prescription error that resulted in harm, then you most likely can file a medical malpractice lawsuit against the at-fault party. To be able to file a lawsuit against the at-fault party, an attorney needs to prove that the at-fault party was negligent, leading to the prescription error.

For a prescription error medical malpractice case to be valid, you’ll need to prove that the at-fault party had to adhere to a certain standard of care. You must show that they didn’t adhere to this standard of care, and that breaching the standard of care directly caused you harm. If these things can be proven in your case, then you can likely file a lawsuit for a prescription error.

What Can People Do After Being Harmed by a Prescription Error?

Contact a Medical Malpractice Attorney in Maryland

You’ll need a medical malpractice attorney to evaluate your case. Visit this page to read more about medical malpractice cases and contact an experienced malpractice attorney for a free consultation. If an attorney believes you have a case, then they may agree to represent you.

Make sure you act fast and seek the help of an attorney as soon as you suspect there’s been a prescription error. Once you’ve been harmed by the error, you have five years to file a claim. If you don’t realize the prescription error caused harm straight away, then you must file within three years of discovering that the prescription error led to your illness or a loved one’s death.

Begin Building a Case

Once you have an attorney representing you, then they’ll start building a case to help you recover compensation. Your attorney will contact expert witnesses to prove that there was a standard of care and that the at-fault party deviated from it. They’ll also consult a medical expert to prove that your illness was caused by an error with your prescription medication. The medical expert will need to author a Certificate of Merit, too.

Your attorney may also use other forms of evidence to strengthen your case. Share as much information as you can with them regarding the prescription error and how it harmed you.

Settling or Filing

Sometimes cases can be settled outside of court. If this is possible in your case, then your attorney will attempt to negotiate a settlement out of court. If this isn’t possible, then your attorney will file a lawsuit on your behalf, and you can begin the process of pursuing compensation in court. The case may be resolved through a pre-trial settlement conference, mediation, or a courtroom trial.

What Kind of Damages Are Recoverable in a Prescription Error Lawsuit?

You may be entitled to seek compensation to cover your medical bills and future medical costs. You might be able to recover compensation to reimburse you for the time you had to take off work to recover from illness after experiencing a medication error. You may also recover compensation for non-economic damages.

Prescription errors are a form of medical malpractice. If you believe a prescription error caused you harm, or if you believe it led to the death of a loved one, then don’t hesitate to get in touch with an attorney.