Medications help us in many ways — from relieving chronic pain to treating serious medical conditions. When doctors prescribe medications, they must be incredibly precise regarding the medication type, the dosage strength, and the instructions for intake.
If a doctor committed an error while prescribing your medication, he or she committed an act of medical malpractice. You may be eligible for compensatory damages, and the Atlanta medication error attorneys at Hilley & Frieder, P.C. will guide you through each step of the process. Call us today for a free case evaluation.
Prescription errors may occur for a number of reasons, from understaffing to poor communication and carelessness. However, these mistakes can have severe consequences, such as overdose risk, worsening illness or injury, and even death.
You may fall victim to a prescription error in a number of ways:
These actions can be extremely dangerous, depending on the nature of the error and the types of drugs involved. You can experience permanent internal organ damage, risk overdose, or suffer an allergic reaction. You may also risk life-threatening complications, such as cardiac arrest.
Any healthcare worker can commit a prescription error, including pharmacists, doctors, and nurses. Your Atlanta prescription error attorney will help you identify the cause of the prescription error so you know who to name in your lawsuit.
In Georgia, a medical malpractice lawsuit can be brought for a prescription drug error if certain elements exist. In general, there must be evidence that a physician, nurse, pharmacist or another party acted in a way that was negligent or fell short of the required standards of care within the medical industry. If this is what led to the prescription drug error and the victim’s injury, there will be grounds for a medical malpractice claim.
The elements required for a medication error claim are:
If you or your lawyer can show clear and convincing evidence of these four elements, you will most likely be eligible for financial compensation for the losses that you suffered. The compensation available for a prescription error will often cover the victim’s additional medical bills, lost wages, pain and suffering, attorney’s fees and out-of-pocket costs connected to the tort. If it can be proven that a case involves gross negligence or wanton and willful conduct by the defendant, punitive damages may also be awarded to punish the wrongdoer.
Millions of patients rely on their medications to survive. The impact that a medication error has on a patient can be catastrophic. Medication mistakes have been known to cause severe illnesses, side effects, drug interactions and allergic reactions. Some medication errors lead to a patient receiving a drug that is dangerous for him or her, others withhold a drug that is medically necessary for a patient, and still others do both. In any of these scenarios, the impact suffered by a victim can be immense. A medication error can have life-changing consequences, such as:
It is critical for health care providers to use proper care when prescribing, ordering, dispensing and monitoring medications. Any lapse in judgment or care can result in a patient being given a drug that is dangerous for him or her – as well as failing to receive the correct drug that he or she needs to recover from an injury or illness. If a medication error leads to a severe injury or patient death, a victim or the victim’s family can file a related lawsuit in Atlanta in pursuit of justice and financial compensation.
You have two years from the date of the prescription error to file your medical malpractice lawsuit. If you do not file your claim within this time period, the court will dismiss your claim and you will lose your chance at collecting compensation.
There are some exceptions to this rule, known as the statute of limitations. You may not be aware of the malpractice until a later date; in these situations, you have up to five years from the date of the malpractice to file your claim. Speak to a medical malpractice lawyer at Hilley & Frieder, P.C. to ensure that you meet your filing deadline.
You deserve to receive your medical prescriptions without any errors — and if a medical professional gives you the wrong dose or even the wrong medication, you can face serious physical, emotional, and financial consequences.
The medication error lawyers at Hilley & Frieder, P.C. can help. We will fight aggressively on your behalf, using the full power of our firm’s resources to investigate, negotiate, and advocate for your maximum possible recovery.
Contact Hilley & Frieder, P.C. today to schedule a free consultation and learn more about the medical malpractice lawsuit process.