Pursuing Compensation for a Prescription Error
Prescription errors can have serious and long-term consequences for a patient. When you seek medical attention for a health concern, you expect to be provided with the appropriate medications in the appropriate doses. If a mistake during this process results in a preventable injury, you may wish to explore your options with an experienced Johnson City Prescription error lawyer.
At The Law Offices of Mark T. Hurt, prescription error lawyers have the knowledge and dedication to handle your case. They are ready to hold accountable the health care providers whose carelessness harmed you.
Pursuing Compensation for a Prescription Error
Since 2000, the United States Food and Drug Administration (FDA) has received more than 95,000 reports of medication errors nationwide. The FDA defines a medication error as “any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the health care professional, patient, or consumer.” Some examples of prescription errors include:
- Prescribing a patient too much or too little medication
- Prescribing a patient incorrect medication
- Not informing a patient about medication-related risks
- Prescribing a combination of medications that can be harmful when mixed.
If you have been injured by a prescription error, you will likely be able to file a medical malpractice claim against the at-fault party. In order to establish medical malpractice, a plaintiff must show that the health care provider deviated from the relevant standard of care. This refers to the generally accepted practices and procedures that competent health care providers would use when issuing a prescription to a similarly situated patient. If the conduct resulting in the prescription error fell short of this standard, and it was a direct cause of the patient’s injury or death, the health care professional will likely be liable.
Once negligence is established, a plaintiff can seek compensation for his or her injuries. While the damages will vary depending on the specific facts of the case, a plaintiff will typically be able to recover past and future medical bills, rehabilitation costs, lost income, disability, and other economic damages. When it comes to non-economic damages, such as pain and suffering, the court imposes a limit on the amount of compensation a plaintiff can recover. However, this cap is increased annually.
It is also important to recognize that medical malpractice claims must be filed within a certain time frame, known as the statute of limitations. In general, the statute of limitations is either five years from the date that the malpractice occurred, or three years from the date that the injury or error was originally discovered. A qualified Johnson City prescription error lawyer from The Law Offices of Mark T. Hurt can help you keep within the right time frame.
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Prescription errors and medication mistakes cause over one million injuries and deaths in the United States every year. These avoidable injuries could be caused by a doctor prescribing the medications incorrectly, the pharmacy filling the wrong dosage, or by nurses dispensing a different patient’s drugs.
If you believe a prescription error has been made, contact The Law Offices of Mark T. Hurt and speak to a seasoned prescription error Lawyer in Johnson City.