Collecting Compensation for Pharmaceutical Negligence
Many pharmacists take great care when filling prescriptions and explaining a medication’s side effects to patients. Unfortunately, mistakes still can and do occur, which can have devastating consequences, so if you were injured as a result of a pharmaceutical error, it is crucial to seek the guidance of an experienced personal injury attorney who can help you seek compensation for your medical expenses.
Types of Medication Errors
Over the last few years, the number of people who suffer from pharmaceutical error has continued to rise. While many of these health problems can be attributed to negligent doctors who fail to prescribe the correct medication or who fail to take the patient’s history, many are caused by the negligence of pharmacy employees. For example, some of the most common types of medication errors involve:
- Filling a prescription with the wrong medication or dosage;
- Failing to enter a patient’s drug history and current medications into the pharmacy’s system;
- Giving incorrect medical advice when distributing medication;
- Failing to notice or repair a computer system error;
- Failing to recognize a patient’s allergies;
- Mistakenly attaching the wrong prescription label;
- Failing to advise a patient about side effects; or
- Failing to communicate with prescribing doctors.
Although there are a variety of reasons for these actions, most medication errors involve a lack of pharmacist supervision and inadequate training.
Common Injuries
Medication errors can have serious and even deadly consequences. In many cases, complications can result in disability or prolonged hospital stays, especially if the patient suffers one of the following reactions:
- Heart failure;
- Miscarriage;
- Seizure;
- Allergic reaction;
- Overdose;
- Organ failure; and
- Birth defects.
Some of these conditions manifest immediately. However, this is not always the case and some patients may not recognize medication-related injuries for months or even years.
Liability
Injuries caused by medication errors are not only painful and frightening, but also expensive to treat. Fortunately, injured parties who can demonstrate another person’s negligence can collect compensation for their losses. Liable parties could include:
- A pharmacist who incorrectly filled a prescription or kept negligent records;
- Pharmacy employees who failed to use reasonable care in performing their duties;
- Physicians who negligently prescribed a medication;
- Drug manufacturers if the error was caused by a failure to test a product or to warn doctors of potential side effects; and
- A nurse who administered an incorrect medication or dosage.
Those who are able to establish the negligence of these individuals may be able to collect some or all of the following economic damages:
- Past and future medical expenses;
- Lost wages;
- Loss of future income; and
- Property damage.
However, the parties may also be eligible to receive compensation for non-economic damages, such as:
- Pain and suffering;
- Emotional distress;
- Disfigurement;
- Physical impairment; and
- Mental anguish.
Finally, injured parties must file a medical malpractice claim within two years of discovering the injury or the case will be barred.
Contact us Today to Speak to an Experienced Personal Injury Attorney
Please contact Boone & Davis by calling 954-566-9919 to schedule a free consultation with a dedicated Fort Lauderdale personal injury attorney who can evaluate your case. We are eager to assist you immediately.
Resource:
fda.gov/Drugs/DrugSafety/MedicationErrors/ucm080629.htm
