In our society, we place an incredible amount of trust in the medical community. We believe that when we go to a doctor or a hospital for treatment, we will be given the best possible care and that any mistakes made will be corrected quickly. Sadly, this is not always the case. Errors in medication dosage, incorrect prescriptions, and pharmacy mix-ups can all lead to serious injury or death. If you have been harmed by a medication or pharmacy error, you may be able to file a medical malpractice lawsuit against the responsible party. If you have questions or would like to discuss filing a claim, contact us today to schedule a free consultation.
What Is a Pharmacy Error?
In the context of medical malpractice, a pharmacy error is defined as a preventable mistake that a pharmacist or pharmacy technician makes while filling a prescription that causes harm to the patient. This can include:
- Incorrect dosage amount
- Improper medication instructions
- Wrong prescription filled
Pharmaceutical errors, which include a wide range of mistakes such as incorrect dosages and wrong prescriptions, can have severe consequences for patients.
In some cases, these errors can have devastating consequences, such as organ damage, strokes, or even death. The Santa Ana wrongful death attorneys at Callahan & Blaine have experience handling these types of fatal medical malpractice claims and can help you secure the compensation you deserve.
Understanding Medication Errors
Medication errors can have severe consequences, including harm to patients, financial losses, and damage to a healthcare provider’s reputation. Understanding the causes and types of medication errors is crucial in preventing them and ensuring patient safety. These errors can occur at any stage of the medication use process, including prescribing, transcribing, dispensing, and administering medications. For instance, a doctor might prescribe the wrong medication, a pharmacist might dispense the incorrect dosage, or a nurse might administer the drug via the wrong route. By recognizing these potential pitfalls, healthcare providers can implement strategies to minimize the risk of errors and protect their patients.
Types of Medication Errors
Medication and pharmacy errors can occur in any setting, including hospitals, nursing homes, and pharmacies, and there are various types. Some of the most common include, but are not limited to, the following:
- Wrong drug administered
- Wrong dose of drug administered
- Wrong patient given the drug
- Drug administered via the wrong route
- Drug interactions
A number of factors can contribute to medication errors, including incorrect dosages, but some of the most common include:
- Lack of communication between health care providers (e.g., doctors, nurses, pharmacists)
- Poorly written or illegible prescription orders
- Incorrect administration of medications by health care providers
- Improper storage or labeling of medications by pharmacies or other dispensing outlets
- Patient misunderstanding of dosing instructions or side effects
Injuries Caused by Medication Errors
Medication errors can cause a wide range of injuries, from minor to severe. Some common injuries caused by medication errors include adverse drug reactions, medication overdoses, underdosing or lack of efficacy, allergic reactions, organ damage, disability, and even wrongful death. Beyond physical harm, these errors can lead to significant emotional distress, pain, and suffering. Victims often face substantial medical expenses, lost wages, and other economic losses as they cope with the aftermath of the error. The impact of a medication error can be life-altering, underscoring the importance of vigilance and accuracy in dispensing medications.
Establishing Liability
Establishing liability in a medication error case can be complex and requires a thorough investigation. To establish liability, the following elements must be proven:
- Duty of Care: The healthcare provider had a duty to provide safe and effective care.
- Breach of Duty: The healthcare provider breached that duty by committing a medication error.
- Causation: The medication error caused harm to the patient.
- Damages: The patient suffered damages as a result of the harm.
Proving these elements often involves gathering detailed medical records, expert testimony, and other evidence to demonstrate that the healthcare provider’s actions directly led to the patient’s injury.
Filing a Lawsuit
Filing a lawsuit for a medication error can be a daunting task, but it is essential to seek justice and compensation for the harm caused. A medical malpractice lawsuit can provide compensation for medical expenses, lost wages, pain and suffering, and other damages. To file a lawsuit, the following steps must be taken:
- Consult with a Medical Malpractice Attorney: Seek advice from a lawyer who specializes in medical malpractice and medication errors.
- Gather Evidence and Documentation: Collect all relevant medical records, prescriptions, and any other documentation that supports your case.
- File a Complaint with the Court: Your attorney will draft and file a formal complaint outlining the details of your case.
- Serve the Defendant with the Complaint: The healthcare provider or institution responsible for the error must be formally notified of the lawsuit.
- Engage in Discovery and Negotiation: Both parties will exchange information and attempt to negotiate a settlement. If a settlement cannot be reached, the case may proceed to trial.
Compensation for Medication Errors
Depending on the facts of your case, you may be able to recover damages for severe harm caused by medication errors, including medical expenses and pain and suffering. You may also be able to recover damages for your past and future medical expenses, pain and suffering, loss of earnings, and loss of companionship or support. Working with an Irvine medical malpractice attorney can help you with your specific case and find out the compensation you deserve.
Hiring a Lawyer
Hiring a lawyer who specializes in medical malpractice and medication errors is crucial in navigating the complex legal process. A qualified lawyer can help investigate the medication error, gather evidence and documentation, establish liability, negotiate a settlement or verdict, and provide guidance and support throughout the legal process. When hiring a lawyer, consider the following factors:
- Experience in Medical Malpractice and Medication Error Cases: Look for a lawyer with a proven track record in handling similar cases.
- Knowledge of Medical Malpractice Laws and Regulations: Ensure the lawyer is well-versed in the specific laws governing medical malpractice in your state.
- Reputation and Track Record of Success: Research the lawyer’s reputation and past case outcomes.
- Communication Skills and Ability to Explain Complex Legal Concepts: Choose a lawyer who can clearly explain the legal process and keep you informed.
- Availability and Willingness to Take on the Case: Make sure the lawyer has the time and resources to dedicate to your case.
By understanding medication errors, injuries caused by medication errors, establishing liability, filing a lawsuit, and hiring a lawyer, victims of medication errors can seek justice and compensation for the harm caused.
Statute of Limitations for Medical and Pharmacy Errors in California
In the state of California, the statute of limitations for medical malpractice claims is three years. In California, the statute of limitations for pharmacy malpractice claims is three years, meaning you must file your claim within this period to seek compensation. This means that if you believe you were the victim of medical malpractice, you have three years from the date that the injury occurred to file a lawsuit. It’s important to know that there are some exceptions to this rule, including:
- Plaintiff Under 18: If the plaintiff was a minor at the time of the injury, the deadline may be extended. In this case, the minor can file a claim up until their 20th birthday.
- Discovery Rule: If the plaintiff did not discover the injury until after the three-year period had passed, the statute of limitations may be longer if the plaintiff could not have reasonably known about the injury.
- The victim was not legally competent at the time of the injury: In this case, the statute of limitations does not begin to run until he or she becomes mentally competent again – for example, if the victim was suffering from dementia or another cognitive condition at the time of the injury.
If you have been injured or have lost a loved one as a result of a medication error, you may be wondering what legal options are available to you. An experienced Santa Ana personal injury lawyer will be able to review your case and advise you on whether you have a claim for damages against the health care professional who committed the error, the hospital where the error occurred, or the pharmaceutical company who manufactured the drug involved in the error. Contact us today at (714) 241-4444 or fill out a contact form to schedule a free consultation.
