Categories: Medical Malpractice

Filing A Lawsuit For A Medication Error

Medication errors occur in different ways. This could be when the medication is being prescribed or during administration. When a doctor prescribes the wrong medication, this can result in serious side effects or even death. One of the many frequently asked questions by patients is whether the wrong medication can result in medical malpractice. The answer is a resonant yes. However, not every case related to medication may amount to a medical malpractice case. If you believe your doctor has prescribed the wrong medication, you may consider looking for Anchorage medical malpractice attorney to understand the steps you need to take to claim compensation.

What Is A Medication Error?

A medication error is any preventable event causing or leading to inappropriate medication use or harm to the patient when they are being treated. The FDA has worked tirelessly to reduce medication errors. Unfortunately, these errors continue to be on the rise. When a patient experiences side effects or injuries due to certain medication, this may or may not amount to a medication error. In any medical malpractice case, the patient or a family member must prove that the doctor’s actions led to medical negligence. Health care providers have a standard of care when prescribing or administering any medication to patients.

There are many types of medication errors. Some of them include:

  • Prescribing the wrong dosage
  • Incorrect dosage on the prescription
  • Administering the incorrect amount making the existing condition to worsen
  • Failure to advise on the side effects associated with the medications

The above errors may occur either due to inadequate knowledge, lack of the correct procedure, or even due to poor communication. Whichever the case, the main reason is always negligence.

How To Prove Negligence In Medication Errors

A good number of medication error cases occur due to negligence. When it comes to seeking compensation, one has to provide evidence that the health care provider was negligent such as to cause injuries. Therefore, it must be established that:

  • There was a medical care that was to be provided: In any given case, the patient must establish the medical standard of care. The proof can be obtained from a medical expert in the same field as the doctor or health care provider in question.
  • The medical doctor deviated from the standard of care: You must show what the doctor was supposed to do but failed due to negligence.
  • The patient suffered harm: You must show the wrong medication caused your injuries. For instance, the injuries may have worsened your existing conditions or may have resulted in other serious health problems.

It’s worth noting that a mediation error can start way from the manufacturer. For instance, a manufacturer may produce mediation and fail to indicate side effects. It could also be the patient’s failure to provide the right medical history to the doctor. In such a situation, it requires a lawyer to determine who is to be held liable.

If you believe in having relied on the wrong medication, you should immediately consult an experienced medical malpractice attorney. Such cases are complex. You also need to be aware of the time limit for medical malpractice cases in Alaska. If the time elapses, you may lose your legal rights to obtain compensation.

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Published by
Pawneer Tripathi

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