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
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 deserved.
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, 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
Compensation for Medication Errors
Depending on the facts of your case, you may 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.
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. 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 couldn’t 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 to schedule a free consultation.
