Preventable medication errors occur when physicians and other medical professionals don’t pay attention or don’t follow proper procedures when prescribing certain medications. When prescription errors happen, medical professionals can be held liable for their medical errors and the serious harm they have caused. If you or a loved one believe that you have a valid medical malpractice claim, then contact Ogg, Murphy & Perkosky, P.C. to request a free, confidential consultation with one of our Pittsburgh personal injury attorneys.
Types of Medication Errors
Medication error cases occur for a number of reasons. Here are some of the most common types of medication errors.
Biochemistry is a precise field because of how the body reacts to prescribed medications depending on a person’s weight, height, and preexisting conditions. A physician or pharmacist must also consider your drug allergies or possible interactions with other medications you’re taking. For medical treatment to be effective, the right amount of medication needs to be prescribed. When the correct medication is prescribed but given in the wrong dosage, so it is too strong or not potent enough, it can lead to severe injuries.
You put your faith in your physician to prescribe the right medication to treat your condition, but sadly, a patient can be prescribed or given the wrong drug altogether. This can happen due to the medication being mislabeled by the pharmaceutical company or the pharmacist. Or when a nurse or pharmacist doesn’t check the medication before administering it and confuses it with another. No matter how it happens, it can lead to devastating effects.
Wrong Route of Administration
Another form of preventable medication error is administering a drug the wrong way. Some medications are chewable, while others can cause serious harm if they start to dissolve in the mouth. Some medications must be administered in a capsule, intravenously, or inhaled. Drugs must be taken in the correct manner, or else it could lead to serious injury or death.
Is medication error a type of negligence?
Pittsburgh medication errors are a type of medical negligence that injured patients can file a lawsuit for under 231 Pennsylvania Code section 1042.3. Under the Pennsylvania statute of limitations, as they apply to medical malpractice lawsuits, injured clients must file their claim within two years of the healthcare provider committing the alleged medical malpractice.
To prove negligence, your attorney from Ogg, Murphy & Perkosky, P.C. will argue that:
- A professional relationship existed between the victim and the healthcare provider, causing the provider to owe a duty of care to the patient
- The healthcare provider breached this duty when they failed to provide quality care
- The breach lead to injuries
- The victim suffered damages because of their injuries
Who is responsible for medication errors?
There are myriad safeguards to avoid medication errors that are used in pharmacies and hospitals. However, they still occur usually due to:
- Miscommunication between patients and doctors
- Overlooking something important in the patient’s medical history
- Confusing drugs with similar names or that look alike
Determining liability is one of the main jobs of a medication errors lawyer. Anyone involved in the process of prescribing medication can be held accountable for the patient getting injured. These individuals include the following:
- Pharmacy techs
- Pharmaceutical manufacturers
The party liable for a specific medication error in Pittsburgh, PA depends upon the facts of the case and how the patient was injured. For example, if a medication was mislabeled when it left the manufacturer, then neither the pharmacy nor the doctor will be held liable for the medication error. Rather, this situation would result in a product liability lawsuit. Conversely, if the pharmacist mislabeled the medication, then it would be a medical malpractice case where the pharmacist and pharmacy were the defendants.
We offer a risk-free personal injury case evaluation so that we can learn more about what happened to you or your loved one, tell you how much your case is worth, and give you an understanding of what to expect once you file your claim.
How do I sue a doctor for wrong medication?
Victims of medication errors should speak to a Pittsburgh medical malpractice attorney when deciding to file a claim. Healthcare providers take out major medical malpractice insurance plans since being convicted of medication errors can end the career they’ve spent years building. Whether you are the patient or are filing a wrongful death suit on behalf of a loved one, the insurance company may refuse to pay you or offer you too little money. The healthcare provider or the hospital will have a team of lawyers who will build their defense, so you need your own team of medical malpractice lawyers fighting for you.
There are many ways that a Pittsburgh medication errors lawyer proves liability. A medication error lawyer uses the medical records of the patient as evidence in the case to prove what medication and what dose was given. They also call upon expert witnesses, who are authorities in the fields of medicine and pharmacology, to testify in court on behalf of the patient.
Call (412) 471-8500 now to speak with a Pittsburgh medication errors lawyer from Ogg, Murphy & Perkosky, P.C. Our law firm has recovered over $250 million in Pittsburgh, PA for our clients. During your free, personalized consultation, we will tell you what your case is worth, what it will take to win, and what to expect as one of our clients. We are eager to help you, so call now.