When a patient suffers harm or dies because of a medication error she or her family members will likely be able to file a claim for liability for the medication error to recover damages. The liable party (the party named defendant on the claim) depends on the unique details surrounding the case.
Who are the potential parties that can be held liable for medication errors?
The party that can be held liable primarily depends on who made the error. It is important to mention that in most cases, if a doctor, nurse, or other employed medical professional made a mistake, it is usually their employer that will technically be held liable for your damages, not the individual himself. In other words, you would sue the pharmacy, not the pharmacist.
Some of the potential scenarios and liable parties that arise in cases of this nature include the following.
- Physicians – If a doctor prescribed a wrong medication, a contraindicated medicine, or the wrong dosage, you can hold her liable (if self-employed), or the hospital or clinic that employs her liable in a claim.
- Nurses – Nurses can be liable for medication errors they made, too. Common medication errors nurses make include administering the wrong medicine, administering medication to the wrong patient, delaying the administration of medicine, or administering too much or too little of a medicine. When a nurse makes an error, generally the hospital, nursing home, or clinic the nurse works under would be liable.
- Pharmacists – When pharmacists made mistakes and do not fulfill orders correctly, they endanger lives. You can hold the pharmacy liable for its pharmacists’ or techs’ mistakes.
- Drug manufacturers – If the drug itself was dangerous or defective, or if the manufacturer failed to warn physicians and consumers about the risks, victims or their family members can hold manufacturers liable for patients’ harms.
Does my case qualify me to sue and pursue a settlement?
Any party along the supply chain may potentially be liable for patients’ damages if an unreasonable mistake was made. In order to successfully pursue a settlement, there are certain elements that must be established and you must have ample proof to support your case.
To determine if you qualify to file a liability claim for a medication error, call our medical malpractice attorneys at Montero Law in Florida. We can review your case, identify liability, and help you take the step necessary to recover the maximum settlement to which you are entitled. Contact us today at 954-767-6500.