According to data gathered by the Centers for Disease Control and Prevention (CDC) from 2011 to 2013, 48.9 percent of Americans used at least one prescription drug within 30 days of being surveyed. It is not at all uncommon for an American adult to take at least one, if not more, prescription medications on a daily basis.
When patients are prescribed a type of medication by their doctor or other medical specialists, they may generally trust that the medication will help their condition, illness, or disease. Prescription errors and other mistakes could result in serious adverse reactions, injuries, and even permanent health complications.
If a healthcare provider neglects their duties or fails to meet the standard of care applicable to them, and a prescription drug error occurs which causes personal injury or death, the incidence may give rise to a medical malpractice claim that a Somerville prescription drug errors lawyer could help you pursue. A knowledgeable medical malpractice attorney who is intimately familiar with the claims process could evaluate your case and determine whether pursuing legal action is in your best interest.
Prescription drug errors are a prevalent issue in the United States and are not just limited to overdosing patients on their prescribed medications. These errors may also occur in the administration of incorrect medications, the improper calculation of the correctly ordered dose of medication, or the failure to give an appropriate medication dosage in a timely fashion.
The effect of a medication error could range from a temporary adverse effect to a fatal reaction, depending on the circumstance and the nature of the error. Either way, under Massachusetts state law, physicians and pharmacists are required to adhere to an applicable standard of care that, if not upheld, could serve as grounds for a civil suit. A seasoned attorney could help an injured victim file a civil suit against the negligent party.
There are various potential sources for a prescription drug injury that a Somerville prescription drug errors attorney could help a plaintiff identify. One of the most common injuries is an accidental drug overdose, which occurs when a patient unknowingly consumes a dangerously high dosage of a medication.
The cause of such an error could be anything from the doctor prescribing the wrong dosage to the pharmacist misreading the recommended dosage. In some rare cases, the pharmaceutical company that manufactured the drug may be responsible for mislabeling the dosage on the pill.
A doctor or pharmacist may also fail to check for contraindications or potential drug interactions when prescribing a medication. As a result, due to negligence, the medical professional may fail to see that the patient is currently taking another type of pill or drug that could make the new prescription lethal in some cases.
A valid claim for medical malpractice could be relatively complex, from both a legal and medical standpoint. While a health care provider might be held liable if they were the cause of the injuries sustained from the prescription drug error, in some cases patients may have to methodically prove that the physician’s actions amounted to negligence.
Proving liability in medical malpractice lawsuits might be complicated and may require demonstrating that the doctor was indeed negligent when prescribing the medication. Three common factors must generally be established for a medical malpractice suit to be valid:
Prescription drug error lawyers in Somerville generally seek to establish the medical standard of care, which is typically done by a medical expert witness. The standard of care could be used to judge the propriety of the doctor’s decision to prescribe the medication, as well as the conduct of the doctor at the time.
Prescription drug errors are a serious matter that can lead to devastating consequences. When a family member sustains serious injuries from a medication, the entire family may suffer as a result.
If you believe medical negligence played a role in your injury, a knowledgeable Somerville prescription drug errors lawyer could work on your behalf to pursue any and all fair compensation to which you may be entitled. Call today to learn more about what might be possible for you.