When you receive assistance from a medical professional, you expect them to offer care that meets the standards set forth by the medical profession. In spite of a doctor’s best efforts, sometimes a patient does not improve, or gets worse, but this does not always mean they have engaged in medical malpractice. A medication error typically will occur as a result of a lack of due care, negligence. Medical malpractice may or may not involve medications.
At Rieders, Travis, Dohrmann, Mowery, Humphrey & Waters, our team of medical malpractice attorneys have represented people throughout Pennsylvania and sometimes in other states who have been victims of medical malpractice. If you are not sure if what you have gone through is a viable claim, we can help.
Contact Rieders, Travis, Dohrmann, Mowery, Humphrey & Waters by calling (570) 323-8711.
The Difference Between Medication Errors and Medical Malpractice
The first thing that our medical malpractice lawyers always want clients to understand is that medical errors occur often. Some claim that medical errors are the third leading cause of death in the United States. These are errors that doctors, nurses, and other healthcare providers make during the diagnosis or treatment of health conditions. One of the most common types of errors involves medication errors.
Medication errors refer to prescribing the wrong medications to patients or giving them the wrong dosage. It can also involve labeling mistakes, failing to warn patients of potential side effects, and failing to let patients know how to safely take the drugs. Medication errors can also involve allergic reactions and contraindicated drugs.
When considering medication errors and medical malpractice, the main question is: Whether the generally accepted standard of care in the specific field of medicine has been violated. If your doctor followed the accepted and reasonable standard of care, there may not be medical malpractice.
In order to demonstrate that malpractice occurred in connection with a medication, it must be shown that the standards for prescribing the medication in cases like yours and that the person prescribing or dispensing failed to conform to the standard of care. Those standards are frequently set forth by the pharmaceutical companies themselves, as well as standards in the medical profession. This can mean a variety of issues, such as not considering a patient’s medical history or failing to warn of side effects. You then have to show that the prescription error led you to suffer an injury.
In most personal injury cases, as in medical malpractice, it is necessary to demonstrate a lack of compliance with reasonable standards and behavior. The same test applies in any kind of tort case. Obviously, the standards for doctors are going to be different than the standards for drivers, but in all cases reasonable care must be utilized.
One of the reasons why medical malpractice cases are difficult and require experienced representation is because of the difficulty of determining the standard of care in a medical matter and obtaining experts who are willing to testify and are qualified.
In connection with medication errors, a doctor or an institution may be negligent if a pharmaceutical is prescribed that is not suitable for the patient’s condition or may be contraindicated with other medications. The dosages need to be correct. The pharmaceutical needs to be properly monitored. Any warnings from the pharmaceutical companies must be heeded and followed. Nurses and other hospital personnel may be liable if they administer the wrong medication during or after procedures. Typically, a doctrine called vicarious liability will make the superiors of the nurses and hospital personnel liable. In some cases, we will avoid suing nurses and hospital personnel other than doctors, but this has to be looked at on a case by case basis.
Sometimes pharmacists may make errors that are negligent and violate the standard of care.
In some instances, liability may come down to the manufacturer of the drugs. This is a very difficult area of the law. Typically, if the FDA has approved the sale of a drug, they cannot be the subject of a lawsuit for being defectively designed. However, there may be claims for lack of warnings or other reasons. In very exceptional circumstances, a drug may be defective because it causes so much more harm than good. This is a rarity.
Pharmaceutical liability is complex litigation.
Understanding Who Can Be Held Liable
Medication errors that are considered medical malpractice open the door to being able to file a lawsuit against those who are responsible. That means, however, needing a clear idea of who can be held liable. Doctors can be negligent if they prescribe something that is not suitable for the patient’s condition or that can cause side effects with other medications that they are taking. Nurses and other hospital personnel could also be liable if they administer the wrong medications during or after procedures. Additionally, hospital pharmacists or outside pharmacists could be responsible if they fill the prescriptions incorrectly.
In some instances, however, liability may come down to the manufacturers of the drugs. If they have a design defect that makes the drug dangerous even when properly prescribed, you can file a lawsuit against them for putting the public in harm’s way. Pharmaceutical liability is particularly complex to prove, however, and it requires you to go against powerful pharmaceutical companies, so you should never attempt it without legal representation.
Damages for Medical Malpractice
If medication errors have led you to suffer losses and you pursue a claim, you can receive compensation in the form of damages. These are classified into two types: economic and non-economic.
Economic damages compensate you for the financial losses you sustained because of the medication error. That can mean coverage for medical expenses, as well as future care that you may need. If you have to make adjustments to your home or vehicle to accommodate a disability that occurred because of the medication, economic damages can cover these, too.
Often, serious injuries that occur as a result of medical malpractice can leave you unable to work. You might not be able to return to work at all. In those instances, you can receive lost wages and loss of earning potential.
If a loved one suffered a wrongful death because of medication errors, you can claim funeral expenses as well as the costs of hiring people to perform services that your loved one used to do, such as childcare.
Non-economic damages compensate you for losses that are not financial in nature and, therefore, do not carry a simple price tag. These damages compensate you for physical and emotional distress and suffering that occurred because of the medical malpractice. The severity of the injuries and how long they will take to heal will impact these damages. Additionally, you can claim loss of enjoyment of life if you cannot live your life as you used to.
It is also possible to claim loss of companionship and support if a loved one dies because of a medication error.
Choosing Experienced Medical Malpractice Lawyers
Contact Rieders, Travis, Dohrmann, Mowery, Humphrey & Waters
If a medical professional malpractices in connection with medications, you may have the right to file a claim against the liable parties. These cases are never easy to pursue without legal representation because they require showing that the standard of medical care was breached. To help you navigate the legal process, you need experienced lawyers.
At Rieders, Travis, Dohrmann, Mowery, Humphrey & Waters, our team of medical malpractice attorneys can investigate medical negligence and gather evidence that demonstrates the provider failed in their duty of care. If there are other liable parties, we can address their responsibility, too. These claims require negotiating with insurance companies and sometimes private parties as well. Many times hospitals and doctors are self-insured or are covered by so-called risk retention groups. You need lawyers who will fight on your behalf to help you receive a fair result.
Call us at (570) 323-8711 to schedule a free telephone consultation with one of our Pennsylvania medical malpractice lawyers.
