A medical malpractice lawyer can find out who is at fault for your injury and suffering sue to medication error. Collecting all the necessary information begins with the details you can provide to your lawyer. For example, the names and locations of medical professionals who treated you before you became injured. Below you will find beneficial information if you want to know how to sue for medication error.
Elements of Liability for Medication Error
Under Florida law, in order to succeed in a medication error lawsuit, you will have to prove all four of these elements for medical negligence:
- There was a relationship like doctor-patient or healthcare provider-patient between you and the person who made the mistake.
- The mistake was below the generally accepted standard of practice for a person with similar education and training. This situation constitutes medical negligence.
- The medical negligence caused the harm.
- You can measure the harm. Physical harm satisfies this element.
When we can prove all four factors, we can go after compensation for the harm that you suffered.
Types of Medication Error
A medication error can happen at any point from the manufacture and labeling of the drug, to the doctor who orders the prescription, to the pharmacist who fills the order, to the nurse who dispenses the drug to you in the hospital. Any of these people or parties can make a mistake.
- The manufacturer can use inferior or incorrect ingredients when making the product. This mistake has caused many recalls of drugs from the marketplace. Also, the drug company can mislabel or incorrectly package medications, so that people think they are taking one thing, when, in fact, they are taking a different item.
- The doctor can make a mistake by writing down a medicine that she did not intend. Many drug names are similar, and human error happens. Also, the physician can order the drug she intends but at the wrong dose for your situation. Too high or too low a dose could cause harm to the patient. The doctor might prescribe a drug that is harmful to you because of another medication you take or another medical condition you have.
- The pharmacist can make a medication error by filling the prescription incorrectly. This mistake could include typing the incorrect dosage or other instructions on the bottle label, dispensing the wrong kind of drug, mixing the formula incorrectly, or using the wrong strength of medication.
- The nurse in the hospital can give a patient the wrong medication. Sometimes patients in the same room get each other’s doses accidentally. A nurse might give a patient the right drug but not as ordered in strength or frequency.
If you suffered harm from a medication error like one of the above examples or some other mistake, you might be able to go after money damages. If you lost a loved one due to medical negligence, you may also be able to file a wrongful death claim in conjunction with your medical malpractice claim.
How to Get Legal Help for a Medication Error Lawsuit
At the Montero Law Center, it is our calling and passion to help people who are hurt because of the carelessness of others. If you want to know how to sue for medication error, seek a fair settlement for their injuries, or learn how a medical malpractice case works, contact Montero Law Center today. If you or a loved one was injured as the result of a medication error, call us at 954-767-6500 for a free consultation and case evaluation. There is no obligation.