There are many ways that prescription drug errors could play a role in the serious injury or death of a patient. The physician might have prescribed the wrong dosage or failed to review the patient’s medical history. Alternatively, pharmacy errors in filling a prescription or providing intake instructions might instead play a larger role.
If you suffered a prescription drug overdose or a severe drug interaction due to the negligence of others, you may benefit from consulting a Boston prescription drug errors lawyer about your options. A knowledgeable medical malpractice attorney could aggressively fight to pursue compensation to which you may be entitled and work to hold negligent parties responsible for their actions.
Healthcare professionals and specialists, including doctors, nurses, pharmacy workers, and other staff personnel, are required to provide proper care and must follow rules and regulations that prevent these types of accidents. When this standard of care is not followed, legal issues may arise, some of which could stem from negligence or even criminal behavior.
When the problem rises to the level of medical malpractice, liability may lie with the medical professional tasked with caring for the patient. When medical negligence causes serious harm or injury, the plaintiff might be able to seek compensation.
However, liability for prescription drug errors may not always be easy to determine. There are numerous factors involved in prescription drug cases, and one of the most unpredictable ones is often the behavior of the injured party. While medical practitioners have multiple duties when it comes to preventing prescription drug errors, the patient only has one: to use the prescription drug as directed. A Boston prescription drug errors lawyer could establish the healthcare professional’s liability in order to build a case for your compensation.
When a prescription drug error is made, the factors that contributed to the mistake might be analyzed to determine who is liable. Errors may arise at any point during the patient’s treatment, which is why consulting with a prescription drug errors attorney in Boston could be key to identifying every relevant aspect of such a case.
If the wrong type of drug or dosage is prescribed, this may be the fault of a physician who did not take into consideration other medicines the patient was taking, a pharmacist who mixed up the order, or a nurse who conveyed the wrong information. If the issue involves an incorrect dosage, the doctor or pharmacist may be held liable.
During the course of treatment, a doctor should monitor the responsiveness of whatever drug has been administered. Failure to do so may result in a medical malpractice claim.
Under Massachusetts General Laws Chapter 231 §60B, whenever a medical malpractice lawsuit is brought against a health care provider, the plaintiff must present an “offer of proof” to a tribunal within 15 days of the defendant medical professional’s filed response to the claim. This specially-appointed tribunal is tasked with determining whether the plaintiff’s evidence is enough to constitute negligence on the part of the defendant.
In making this determination, the tribunal would consider all medical records, statements from medical experts, and treatment notes. A Boston prescription drug errors attorney could be a key ally in constructing an offer of proof and ensuring it is truthful and thorough.
The medical professional or professionals responsible for a prescription drug error may be required to compensate the patient for the damages that they sustained. In minor cases, this might include payment for the medication that they should have been prescribed and damages for their pain and suffering.
If the prescription drug error resulted in a severe injury, plaintiffs could seek compensation for additional treatments that they had to undergo due to the medication error. If the case proceeds to court, a jury may also be able to award punitive damages to the injured plaintiff, which are damages that are intended to help deter similar conduct in the future. An injured person could learn what damages they may be entitled to by speaking to a skilled and dedicated lawyer.
Prescription drug errors could happen to anyone, which means the burden is on medical professionals to ensure that all necessary precautions are taken to prevent prescription errors. If this duty is not met and you are hurt as a result, you may have a cause of action to collect compensation for the harm you incur.
An experienced Boston prescription drug errors lawyer could step into the fray to fight for financial recovery on your behalf. To learn more about what a dedicated attorney could do for you, call now.